TERMS OF SALES
CLIP - Center for Language Industry Professionals is a French company registered under the SIRET number 51336479400036, whose registered office is 9 route d’Armix, 01110 PREMILLIEU, FRANCE
And is represented by Mrs. Hélène Bajon
CLIP provides an online translation exam to assess Candidates’ translation skills, as well as online training and coaching to improve translators' skills. By validating the order, the Client/Candidate declares to accept fully and without reserve the present general conditions of sale.
"The Contract" refers to the general conditions of sale which govern the use of this service.
"The Candidate" refers to the individual enrolled to take a certification test.
"The Client" refers to the individual enrolled on one or more training programs.
"The Test" refers to the CLIP Certification translation exam.
Article 2. The Certification Exam
2.1 Purchase of the Test
When creating a CLIP account, the Candidate registers their information online and validates their registration for the CLIP Certification by confirming the secure payment. This process enables the Candidate to signify their firm agreement and validates their definitive registration. This agreement involves the unconditional acceptance of the conditions of examination detailed in the document "CertiGUIDE", the acceptance of the general conditions of sale detailed in this document, as well as the acceptance of the conditions of use for the service provided by our proctoring partner ProctorU, a remote exam monitoring service that ensures the validity of the exam. By validating their payment, the Candidate agrees to provide a picture of their ID and to provide a photo of him/her via the ProctorU application for authentication purposes at the beginning of the exam. The Candidate also signifies their agreement to connect to video conference software (video via webcam and sound via microphone). It will connect them to a proctor on the day of the examination via a remote-control system that the Candidate must download. This application will be activated only in the presence of the Candidate and only during the examination. Through its partner, ProctorU, CLIP is committed to ensuring that the information provided is strictly confidential and that the retention of this data corresponds to the criteria of its Confidentiality Policy. Challenging or refusing to comply with these prerequisites will effectively cancel the test and consequently cancel it without the possibility of reimbursement.
CLIP only retains the data entered by the Candidate during registration, which is deemed true, and retains them for the proper functioning of the CLIP Certification.
2.2 Prices and Terms of Payment
The Candidate pays for the service by credit card. CLIP reserves the right to modify the prices and terms of payment for the services at any time. The prices shown include taxes.
2.3 Registration and Taking the Test
When registering for the Test, the Candidate accepts that the name indicated during the entire registration process is that of the Candidate taking the test, as this will be verified during the authentication process. As a reminder, authentication consists in verifying that the identity document presented corresponds to the name and surname registered on the platform, as well as, physically, to the person taking the Test.
During the test administration process, the Candidate agrees to follow all processes and procedures to ensure its integrity. The Candidate also agrees to follow the instructions of the remote proctor to ensure that the Candidate's work environment meets the requirements of the test environment.
It is the responsibility of each registered Candidate to read the "CertiGUIDE" document carefully before the date of the Test, the guidelines and conditions detailed in the document being expressly accepted. The "CertiGUIDE” document will be sent by email, right after purchasing the Test.
CLIP is not responsible for contractual or tortious matters (including negligence or any breach of a legal obligation), for the misrepresentation of facts, or for the restitution or otherwise of any damage resulting from loss of profits, loss of anticipated savings, loss of business, loss of customer base or similar loss, pure economic loss or any other losses, debts, costs, damages, charges or special, indirect or consequential expenses, regardless of how they occur, or any damages that are a direct or secondary consequence of any act or omission by CLIP, and whether or not such damage could have been reasonably foreseen or truly anticipated.
2.4 Validation of the Test Date
Once the purchase is complete, CLIP sends the Candidate a link to register with the online proctoring service. This registration allows the Candidate to choose the date and time of the exam. Any change to this date less than seventy-two (72) hours before the scheduled date of the exam, for any reason whatsoever, will result in a charge of fifty-five (55) euros for reprograming. When registering on the remote monitoring system, the Candidate chooses a login and password, which are strictly private and confidential and should not be communicated to or shared with any third party.
The Candidate must schedule the Test no longer than sixty (60) days after purchasing the Test. A reminder will be sent to the Candidate, however, if no Test has been scheduled sixty (60) days after the purchase date of the Test. The Test will be considered taken and will not be reimbursed.
CLIP informs Candidates that they have a withdrawal period of fourteen (14) calendar days from the moment they buy the Test, during which they may cancel the Test without penalty—with the exception of non-refundable bank transaction fees—and without providing any reason, provided that the Candidate has not scheduled a Test on ProctorU. The Candidate will no longer be able to exercise the right to withdraw after booking a Test date on ProctorU. The Candidate confirms that from the moment they schedule the Test on ProctorU, no change of date is possible, except if they pay a reprograming fee of €55. If the Candidate wishes to withdraw from the Test, they can do so by sending an email to the following address: firstname.lastname@example.org. The Candidate will be reimbursed by bank transfer no later than thirty (30) calendar days from the moment they exercise their right of withdrawal.
2.6 Cancellation Fees
Any cancellation, outside the previously mentioned withdrawal period, of a registration for the CLIP Certification examination will lead to a cancellation fee of up to 100% of the paid price. No reimbursement will be made outside the withdrawal period. There will be no refund for Candidates who do not show up to the scheduled test session. There will be no refunds due to irregularities during the Test, or irregularities that lead to the Proctor writing a report about the Candidate. In these circumstances, the results of the Test will not be communicated to the Candidate, the Certificate will not be sent to the Candidate and the name of the Candidate will not appear in the score verification database.
2.7 Technical Issues
The Candidate is responsible for the computer equipment used during the Test (computer, Internet connection, webcam, microphone and computer settings). The technical conditions of the examination are detailed in the document "CertiGUIDE" and must be tested by the Candidate prior to the Test. The remote proctoring service provides the Candidate with an automatic verification tool to test the technical requirements (www.proctoru.com/testitout), which can be used several days before the exam date to ensure that no technical problems occur during the Test. In the case of technical problems encountered before the Test, a ProctorU online help service is available 24 hours a day to solve various technical problems. If the Candidate is unable to carry out the Test due to technical problems with their own equipment, the Candidate is required to pay an additional cost of 50% of the price of the Test to be able to retake the Test. Without this extra fee, no other test can be programed. If the Candidate cannot perform the Test due to technical problems due to ProctorU or CLIP, the Candidate may re-take the test without additional fees.
2.8 Cancellation of a Test Session by CLIP
CLIP reserves the right to cancel any Test without penalty. In the event that CLIP cancels a CLIP Certification exam, the Candidate will be notified by email at the earliest date possible. The Candidate may then reschedule a new date for the next CLIP Certification exam. CLIP is not responsible for any loss or damage resulting from the cancellation of a certification exam. CLIP will not be liable in any way whatsoever if a certification exam is cancelled as a result of a force majeure event which makes the completion of a test session impractical or impossible. For the purpose of this clause, a force majeure event shall include, but shall not be limited to, natural disasters, governmental restrictions and/or regulations, acts of war, acts of terrorism, claims, public order disturbances and/or riots, suspensions and/or restrictions to means of transport/transport services.
2.9 Changes to the Final Certificate as Requested by the Candidate
The Candidate agrees to provide accurate personal information during registration and the test administration process. This information will be used in the results certificate (CLIP certificate). CLIP will not make any changes to the information on the results certificate if the personal information provided by the Candidate during registration and/or the test administration process is incorrect. In such circumstances, the Candidate will have to take the Test again at their own expense.
Article 3. Online Training Programs
3.1 Order Confirmation and Payment
The data recorded by CLIP serves as proof of all transactions between CLIP and its clients. The data recorded by the bank by secure payment serves as proof of all financial transactions.
Payment is made with secure payment when placing an order from the CLIP e-commerce shop (credit card or PayPal).
3.2 Product Information
The information provided about the products (training time, prerequisites, objectives, target audience, training programs, etc.) are for illustrative purposes only. In order to improve them, the course resources may be modified by CLIP without prior notice.
3.3 Computer Equipment Requirements
The Client must have the necessary computer and Internet equipment to view online videos—at least a Mac (OS X 10.6), PC (Windows 10, 8, 7, XP, VISTA) or iPad tablet so they can easily follow video content on the CLIP e-learning platform:
3.4 Client Login Details
The Client’s login details are personal and confidential. The Client is entirely responsible for their use. The Client undertakes to make every effort to keep these login details secret and not to disclose them. In the case of disclosure, loss or fraudulent use of these login details, it will be up to the Client to report it immediately to CLIP, so that the latter can change them.
Any attempt to use software that is not approved by CLIP will immediately suspend the account without refund. During the course of the training program, the videos will be provided via Video-On-Demand (VOD). The license is single-user. Local disk backup of the videos is not allowed. The videos must not be copied illegally to the user’s hard drive (content vacuums for forbidden offline viewing). CLIP reserves the right to suspend online training programs without prior notice should abnormal use be found.
3.6 Duration of Availability
The full training courses purchased on the CLIP website are available on the site for a specific duration for each training program, ranging from thirty (30) days to one year. It is assumed that the Client is aware of this information before validating their purchase.
The prices of the CLIP products are indicated in euros, all taxes included. CLIP may change the product range and product prices at any time. These will, however, be billed based on the rates in effect at the time of the order confirmation. Video tutorials remain the property of CLIP even after payment of the full price, and the Client has the right to view these tutorials in an individual capacity for a specific duration only, depending on the chosen products. Broadcasting CLIP’s video or written content is subject to prosecution.
3.8 Right of Withdrawal
In accordance with French Law, Article L.121-16 to L121-23 of the Consumer Code, the Client has a period of fourteen (14) working days from the date of delivery of his/her order to return any item that is not suitable and to request an exchange or refund without penalty, with the exception of return costs. However, the right of return cannot be exercised in the case of immaterial products if the Service has been started. Thus, given the immaterial nature of the service sold, CLIP will not be able to refund training programs after giving access to the CLIP e-learning platform.
Article 4. Non-disclosure of Data and Intellectual Property
The contents of the website www.clip.eu.com (exam content, examination structure, video training programs, lessons, videos, multiple choice questions, interactive and downloadable exercises, brands, graphics, etc.) are protected by the Intellectual Property Code and all applicable international standards and, unless otherwise specified, are the exclusive property of CLIP. The Client and Candidate agree not to disclose any information likely to harm CLIP, not to disclose the information or documents made available and to respect the intellectual property that applies to all services sold by CLIP and on all media disclosed by CLIP. In the event of a breach by the user of any of the present terms and conditions, CLIP will be entitled to suspend or terminate the Client’s access to the VOD platform without notice and will retain any amount the Client paid for it. For Certification Candidates in this situation, CLIP reserves the right to withhold the Candidate's CLIP score. In addition, any unauthorized use of all or part of the content protected by these intellectual property rights will incur the user's liability, particularly with regard to CLIP, and may subject them to criminal penalties. The Client will not be able to reproduce (except for a reproduction strictly reserved for the private use of the copyist and not intended for collective use), adapt, imitate, sell, distribute, re-publish, lend, rent, broadcast, etc., all or part of the products. The products may only be used in a strictly family context or strictly within the client company.
5.1 General provisions
5.2 Data Collection
CLIP collects data during each registration on the website www.clip.eu.com and when the Candidate/Client connects to their account, makes a purchase and disconnects. The data collected includes the Candidate/Client’s name, address, phone number, date of birth, e-mail address and banking details. In addition, CLIP automatically receives and records data from any computer and browser connected to its website, including the IP address, software, hardware and pages viewed.
5.3 Use of Data
The collected data may be used to:
5.4 Confidentiality of E-commerce
CLIP is the sole owner of the information collected on its site. The personal information of its Clients/Candidates will not be sold, exchanged, transferred or given to another company without the Client/Candidate’s consent, apart from what is necessary to respond to a request and/or a transaction.
5.5 Disclosure to Third Parties
CLIP does not sell, trade or transfer personally identifiable information from Candidates/Clients to third parties. This does not include trusted third parties that help CLIP operate its website, as long as these parties agree to keep this information confidential. CLIP deems it necessary to share information in order to investigate, prevent or take action with regard to illegal activities, alleged fraud, situations involving potential threats to the physical security of any person, violations of these terms and conditions of sale, or when the law compels our company to do so.
5.6 Protection of Information
CLIP uses the email address provided by the Client/Candidate to send order information and updates, occasional news from CLIP and information about related products, etc. If at any time the User/Candidate/Client wishes to unsubscribe and no longer receive emails, detailed unsubscribe instructions are included at the bottom of each email.
To ensure the efficiency and safety of the test administration process, a Photograph will be taken during the ProctorU registration process. The Candidate’s ID will be confirmed on the day of the Test by the remote proctor.
As such, the Candidate authorizes CLIP, as well as any service provider and/or CLIP partner engaged by CLIP to manage and provide the Tests, to use the Photograph for the proper performance of the service. The photograph is used to confirm the identity of the Candidate. By submitting a photograph to ProctorU, the Candidate confirms that the Photograph truly represents them.
The Photograph is kept by ProctorU. By becoming a Candidate, you confirm that you have voluntarily consented to having a photograph of your face taken and expressly waive any right of objection to using the Photograph under the terms of this Agreement. Candidates hereby waive any claim, complaint, cause of action and any damages or liability on the grounds of any data protection or right to privacy regarding the use of their Photograph in accordance with this Agreement.
Article 6. Governing Law, Waiver and Severability
In the case of dispute, the Candidate agrees to submit to the exclusive jurisdiction of the District Court of Lyon (France) to resolve any dispute concerning this Agreement, including, but not limited to, the validity, interpretation, termination, termination application or breach of this Agreement.
6.2 Transfer Restrictions
Only the Candidate whose name has been entered during the purchase process and scheduling process on ProctorU will be allowed to access the Test, and only the registrant can access the training program. A connection limit from different IP addresses has been set up for security.
6.3 Third Party Rights
Except as set forth above, the parties confirm that they do not intend to assign any rights to any third party under this Agreement.
6.4 Force Majeure
Any non-performance or delay in performing any of the obligations of the contracting parties will not be considered a breach of the Contract if the delay or non-performance is the result of a force majeure event, which includes, but is not limited to, fires, floods, earthquakes, tsunamis or other natural disasters, any regulation or law of any governmental authority, acts of terrorism, acts of war, public order disturbances, labor disputes, epidemics, sabotage, utility supply failures or limited international transport services. Any party that is victim of a Force Majeure event shall, as soon as possible given the circumstances, inform the other party of such an event and make every commercial effort to find a solution in order to remedy the situation.