Terms of Service
OpenClassrooms offers a digital platform called "OpenClassrooms" (hereinafter referred to as "the Service") dedicated to online learning and based on mutual support and sharing.
Some features of the Service are chargeable.
Article 1. Definitions
The Parties agree and accept that the following terms used with a capital letter within these Terms and Conditions of Sale, in the singular and/or plural, will have the meaning defined below:
- "Subscription": the right of access to all or part of the paid features of the Service granted to the Customer under the terms of the Offer to which they have signed up;
- "Order": online process through which Customer signs up to an Offer under the terms proposed within the Service;
- "Certificate of achievement": certificate issued to the Customer, when they complete the exercises in a Course and/or Path and/or when they complete the Project(s) as part of a Path, and obtain a mark that is high enough to get the Certificate. The certificate allows skills to be acquired and is recognized by recruiters. Some certificates may be registered on the CNCP list but not all Certificates are recognized by the State;
- "Customer": A Member who signs up to an Offer to access the Service;
- "Course": course in the form of text, image (diagrams, illustrations, etc.) and/or video, created by any expert (e.g. Members, OpenClassrooms, universities, schools, businesses, etc.) within a given field and accessible online within the Service; Courses may include exercises in the form of automatically corrected quizzes and/or assignments assessed by Users; Courses in video form can be streamed by the User and/or downloaded for the Customer to view offline;
- "Member" means any User registered with the Service;
- "Mentor": experienced provider responsible for supporting the Customer individually or in a group. The Mentor shall set Customers' objectives and a learning and progress schedule, train them in the Courses/Paths/Projects, monitor Customers' training and validate their skills;
- "Offer": Subscription package signed up to online by the Customer to benefit from all or part of the paying functionalities of the Service; details of the Offers available to Customers can be accessed on the Website;
- "Path": training for a trade or activity, including several Courses, offered to the Customer through the Service;
- "Project": practical exercises that may be offered to the Customer depending on their Subscription;
- "Site": a digital platform in the form of a website and/or mobile app allowing access to and use of the Service;
- "Diploma": a State-recognised diploma, awarded to the Customer once they have successfully completed a Path;
- "User": any Internet user who accesses the Service, whether a Member and/or Customer or not.
Article 2. Description of service provider/vendor
In these Terms and Conditions of Sale, the service provider/vendor is:
The company OpenClassrooms
SAS with share capital of €169,824
registered with the Paris Trade and Companies Register under number 493 861 363
whose EU VAT number is FR 87 493 861 363
whose registered office is at 7 Cité Paradis 75010 Paris, France
represented by its CEO, Mr Pierre DUBUC
Tel.: +44 16 1768 1880 for UK,
+1 929-376-0101 for US and CA.
Article 3. Purpose and acceptance of the terms and conditions of sale
The purpose of the Terms and Conditions of Sale is to set out the provisions for all sales made online within the Service.
They are available to the Customer on the Website and can be sent by OpenClassrooms if the Customer send an email request to the following address: email@example.com.
Prior to confirmation of the Order, the Customer will be able to view, save and print the Terms and Conditions of Sale. They must then accept them by clicking on the icon provided for this purpose.
By confirming their Order within the Service, the Customer acknowledges having read these Terms and Conditions of Sale and unreservedly accept all the provisions.
These Terms and Conditions of Sale form a contract between the Customer and OpenClassrooms (hereinafter referred to as "the Contract"). The Customer - as a User - is also subject to the provisions of the Terms and Conditions of Service Use, available on the Website.
The Customer represents and warrants that they have the legal capacity to enter into a contract and, if they represent a company or other legal entity, that they are authorised to act for and on behalf of this company or organization.
These Terms and Conditions of Sale may be amended by OpenClassrooms at any time, it being understood that:
- any amendment will be effective for any subsequent Order;
- in the event of tacit renewal of the Subscription, the Customer will be notified in advance of any amendments.
The Customer may be sent the amended Terms and Conditions of Sale on request.
The applicable Terms and Conditions of Sale are those in force on the day of the Order.
The Terms and Conditions of Sale shall apply for the duration of the Contract.
Article 4. Order
To place an Order, the Customer must fill in the required information after filling his online basket.
The Customer undertakes to provide OpenClassrooms with correct, accurate and up to date information with regard to his identity and contact details (email, post and telephone). Should the Customer provide false information, OpenClassrooms reserves the right to immediately terminate the Contract and/or temporarily or permanently refuse access to the Service.
The Customer must then provide their bank details to pay the price of the Offer they have signed up to.
After filling in the required information, the Customer must confirm their order.
Before clicking the "confirm" button, the Customer will be able to view the Order details and correct any errors and/or amend the Order.
After checking, the Customer must confirm the Order, after having read the Terms and Conditions of Sale.
The Order shall only be binding upon the Parties when the Customer receives a confirmation email.
Any amendment to the Order after confirmation is subject to the acceptance of OpenClassrooms.
The history of Orders placed by the Customer within the Service and the relevant invoices can be viewed by the Customer on the Website.
Article 5. Sale price and payment
5.1. The price of each Offer is stated inclusive of all taxes and expressed in Euros. However, the price may in some cases be indicated in another currency depending on the Customer's country of location.
The prices displayed on the Website only apply to online subscription to Offers.
Any Offer subscribed to offline may be charged at a different price, of which the Customer will be informed in advance.
The amount of the Offer subscribed to by the Customer is displayed on the Order confirmation page.
The price of the Order is payable in full on confirmation of the Order. No additional cost to the price of the original Offer subscribed to by the Customer will be charged without the express consent of the Customer.
5.2. The price of each Offer may be amended by OpenClassrooms at any time and will apply to any Order placed subsequent to this price amendment.
The amount of the Offer may increase in the event of renewal of the Subscription by tacit agreement under the conditions referred to in Article 7 below. However, in this case, the Customer must expressly accept this increase in advance.
5.3. The amount of the Offer is payable:
- Either the monthly amount of the Offer each month, until the Subscription ends;
- Or the annual amount of the Offer in a single payment.
Payment is made by the following methods:
- Either through the secure Paypal payment solution;
- Or by credit or debit card via the secure payment interface;
And/or by any other means of payment that could be offered to the Customer when paying the Offer price.
The Customer is financially responsible for all unpaid charges generated by the bank refusing the Customer's payment.
5.4. OpenClassrooms has a secure online payment system that encrypts the transmission of Customer bank details.
The payment plug-in used is the "AdYen" system, a "PCI-DSS" certified secure platform.
5.5. Any amount owed by the Customer, not paid on time, shall automatically and without prior notice attract interest at the rate of 10% per month from the due date as well as payment of a lump sum of €40.00 for recovery costs.
Should these recovery costs exceed the amount of this lump sum, OpenClassrooms may claim additional compensation from the Customer, on presentation of receipts detailing the procedures carried out.
Such compensation will not be applied in cases where the Customer can prove that they are subject to a safeguard procedure, receivership or judicial liquidation.
Moreover, OpenClassrooms reserves the right, fifteen (15) days after sending a formal notice to pay by registered post that has been partially or totally ineffective, to suspend the Service until the amounts due are paid in full and if such payment is not made, to automatically and with immediate effect terminate the Contract and retain as compensation the deposit paid by the Customer when placing the Order.
5.6. Some Offers may be paid for as part of the Member's vocation training, by their employer or by a funding organization, or any other training funder.
In the event of total or partial payment default by the funding organization, the Customer will be liable to OpenClassrooms for the amounts not paid by the organization.
5.7. A Customer who has signed up to an Offer may be asked to support a non-Customer Member.
In return for this support, the Customer will receive a voucher for the amount indicated on the Website, which will be deducted from the invoice of the month following the date of the support.
The sponsored person will benefit from a month of the Premium Solo Offer free of charge.
The Customer may only use one voucher per month.
The Customer may earn up to a maximum of five (5) vouchers per Subscription.
Article 6. Withdrawal
6.1. Exercise of the right of withdrawal
From the confirmation of the Order, the Customer has a period of fourteen (14) days to exercise their right of withdrawal. Should the period of fourteen (14) days expire on a Saturday, Sunday, public holiday or non-working day, this is extended to the next working day.
The Customer must notify OpenClassrooms within the aforementioned period of their decision to withdraw:
- Either by email to the following address: firstname.lastname@example.org;
- Or using the form available within the Service by clicking on the "Contact us" tab.
If the right of withdrawal is exercised within the aforementioned period, OpenClassrooms shall refund the Customer the total price of the Order by the same means of payment used by the Customer to pay for the Order, within a period of fourteen (14) days of the date on which the Customer notified OpenClassrooms of their decision to withdraw.
6.2. Cost of the right of withdrawal
The Customer may exercise their right of withdrawal free of charge.
6.3. Exclusion of the right of withdrawal
In accordance with Article L. 221-21-8 1 and 13 of the Consumer Code, the right of withdrawal can not be exercised:
- for the provision of services that have been provided in full, with the agreement of the Customer, prior to the expiry of the withdrawal period, and for which the Customer has expressly waived the exercise of this right;
- for the provision of digital content not supplied on physical media the performance of which has begun, with the agreement of the Customer, prior to the expiry of the withdrawal period, and for which the Customer has expressly waived the exercise of this right;
By accepting the Terms and Conditions of Sale and by using the services (for example, the Mentoring) and/or digital content (for example, the Courses) included in the Offer signed up to before the expiry of the withdrawal period referred to in Article 6.1. above, the Customer agrees to the provision of these services and/or digital content and expressly waives the right of withdrawal.
Should the Customer have started using the services prior to exercising their right of withdrawal (without these services having been fully provided before the end of the withdrawal period) and the Customer decides to exercise their right of withdrawal, they will owe OpenClassrooms the amount corresponding to the service(s) provided.
Article 7. Essential features of the offers and duration of the contract
There are three Offers available to the Customer from OpenClassrooms:
- The Premium Solo Offer
- The Premium Class Offer
- The Premium Plus Offer
The features (corresponding to services and/or supply of goods) included in each of these Offers are detailed on the Website.
The Subscription for the Offer the Customer has signed up to may be monthly or yearly.
In both cases, the Subscription will be automatically renewed for the same term, unless terminated in advance online by the Customer (by clicking on the "My Settings" tab, then "Premium" on the Website) before the Contract renewal deadline.
Article L.215-1 of the Consumer Code
"For service provision contracts entered into for a fixed term with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by a personally addressed letter or email to a dedicated address, at most three months and at least one month before the end of the period allowing the refusal of the renewal, of the option of not renewing the contract entered into with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, shall clearly state the last possible date of non-renewal.
Should this information not have been provided in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the date of renewal.
Payments made after the last renewal date or in the case of permanent contracts, after the date of conversion of the initial fixed-term contract, are refunded within thirty days from the date of termination , less the sums owed up to that point, under the contract. The provisions of this Article shall apply without prejudice to those which legally subject some contracts to special rules concerning consumer information."
Article L.215-2 of the Consumer Code
"The provisions of this chapter shall apply to contracts between both professionals and non-professionals."
Article L.241-3 of the Consumer Code
"If the professional has not carried out the refund in accordance with the conditions set out in Article L. 215-1, the sums due shall attract interest at the legal rate".
Article 8. Obligations of the customer
The Customer undertakes to abide by all provisions of the Terms and Conditions of Sale and the Terms and Conditions of Use (including the two annexes: the "OpenClassrooms Personal Data Charter" and the "OpenClassrooms Good Practice Charter").
In addition, in order to carry out the training in the best possible conditions, Customers who have signed up to an Offer including access to a Mentor undertake to respect the following charter:
- The Customer undertakes to be present on time during video-conferencing sessions with the Mentor;
- The Customer undertakes to complete the Courses, Paths, Projects and/or tasks that are requested by the Mentor;
- The Customer undertakes to behave respectfully towards the Mentor, OpenClassrooms and other Users;
- If unable to attend a video-conference, the Customer undertakes to inform the Mentor at least twenty-four (24) hours in advance in order to reschedule the session;
- Should the Customer be late, the Mentor will wait for fifteen (15) minutes. Beyond this period, the session will be cancelled and cannot be rescheduled for the Customer. As a penalty, the Customer's next session with the Mentor cannot be rescheduled until seven (7) calendar days have passed;
- In the event of absence and/or repeated late arrivals and/or inappropriate behaviour by the User, OpenClassrooms may have to offer the Customer a mediation with the support of a new Mentor;
- If no solution is found despite the mediation attempt and/or the Customer continues to lack diligence and/or respect for the Mentor, OpenClassrooms and/or other Users, OpenClassrooms reserves the right to unilaterally terminate the Subscription. In this instance, OpenClassrooms shall retain as compensation all or part of the Subscription price paid by the Customer;
- If the Offer subscribed to by the Customer is financed by a third party, as provided for in Article 5.6. above, the Customer undertakes to complete the training by the deadline agreed with the funding organization. If the Customer does not complete all the training funded by the organization, OpenClassrooms may inform the organization of this, and fees will not be charged to the funding organization but may be charged directly to the Customer, such that OpenClassrooms does not suffer any financial loss resulting from non-attendance by the Customer.
Article 9. Delivery of goods/provision of services
Services and/or goods included in the Offer signed up to by the Customer will be delivered and/or provided immediately after the full payment of the Offer price to OpenClassrooms.
In the event that OpenClassrooms breaches its obligation to supply goods and/or provide services within the aforementioned period, the Customer shall be entitled to terminate the Contract as set out in Articles L. 216-2 et seq of the consumer code.
Should the Contract be terminated under these circumstances, OpenClassrooms shall refund the Customer the full amount paid no later than (14) fourteen days from the date the Contract was terminated by the Customer.
Article 10. Compliance with the order
If the goods delivered and/or service provided does not correspond with the order, the Customer must submit a complaint to OpenClassrooms by emailing: email@example.com.
In the event of unavailability of a product and/or service offered in the Offer signed up to by the Customer, OpenClassrooms shall immediately inform the Customer and undertakes to offer them a product and/or service of equivalent quality and price. In the event of refusal by the Customer, the latter may obtain a refund for the Order, at the latest within thirty (30) days of the latter.
Article 11. Hidden defects warranty
The Customer may decide to invoke the warranty covering hidden defects of goods delivered by OpenClassrooms under the conditions of Article 1641 et seq of the Civil Code.
In this instance, the Customer can choose between terminating the Contract or a reduction of the Offer Price in accordance with Article 1644 of the Civil Code.
In the event of termination of the Contract, OpenClassrooms shall reimburse the full price of the Offer the Customer signed up to.
Article 12. Technical information
The Service is accessible 24 hours a day, 7 days a week, all year round, except in the event of maintenance and/or updates and/or malfunction or any event beyond the control of OpenClassrooms (technical problem, piracy, virus, etc.). These interruptions to the Service do not give the Customer any right to compensation.
All files downloadable within the Service (document, video, etc.), will be provided to the Customer either in PDF or mp4 format, compressed in a zip file.
Article 13. Pre-contract information
The Customer acknowledges having received clear and understandable notice of the Terms and Conditions of Sale prior to the conclusion of the Contract as well as all information referred to in Articles L.111-1 and L.111-2 of the Consumer Code.
It is the Customer's responsibility to ensure the Offer they intend to sign up to meets their needs, prior to confirming the Order.
Article 14. Support
OpenClassrooms implements the necessary means to ensure:
- A Service availability rate of at least 99%;
- Information security and data privacy.
Should the Customer encounter malfunctions that prevent the proper use of the Service, the Customer should immediately report the malfunction to OpenClassrooms by emailing the following address: firstname.lastname@example.org;
In this instance, OpenClassrooms undertakes to respond to the Customer within 48 hours on working days from Monday to Friday from 9am to 6pm (UTC+ 01:00).
In the event of an obstructive fault that may prevent the Customer from accessing all or part of the features of the Service included in the Offer they have signed up to, OpenClassrooms shall implement the necessary means to ensure restoration of the Service within 24 hours of notification of this malfunction by the Customer.
Article 15. Company liability
OpenClassrooms will only be liable for direct damage suffered by the Customer, which are proven to result from the failure by OpenClassrooms to meet its obligations.
Should OpenClassrooms be held liable by a court judgement, this shall not exceed fifty percent (50%) of the total amount actually paid to OpenClassrooms by the Customer under the Contract within the 12 (twelve ) months preceding the occurrence of the matter giving rise to the liability of OpenClassrooms.
However, OpenClassrooms shall in no event be liable:
- For damage caused that is due to the other Party, due to a third party or due to force majeure;
- Indirect damage, this being non-exhaustively defined as operating losses (turnover, income or profit), lost opportunities, data, harm to image or reputation, commercial or economic loss, the eventual cessation of the activity of the Customer.
Article 16. Termination
In the event of failure by either Party, the other Party may terminate the Contract by registered letter with acknowledgement of receipt, after a formal notice has had no effect for 15 (fifteen) days, regardless of any damages which may be claimed.
Article 17. General provisions
17.1. Independence of the Parties
The Parties recognise and accept that neither one of them may under any circumstances make a commitment in the name and/or on behalf of the other. Furthermore, each of the Parties shall remain solely liable for their actions, allegations, commitments and services.
The Parties recognise and accept that they shall act completely independently from each other and that this Contract may not under any circumstances be considered as establishing between them a de facto corporation, joint venture or any other situation leading to any reciprocal representation or joint and several liability with regard to their respective creditors.
17.2. Autonomy of contractual provisions between them
Should any provision of the Contract be declared null and void or inapplicable with regard to a current rule of law or a legal decision that has become final, it will be deemed unwritten. The other provisions of the Contract will remain in force to their full extent where possible, the Parties undertake, as and when required, to come together to replace the null and void clause with a valid clause, as close as possible in essence to that which it is replacing.
17.3. No waiver
Should either Party not require the application of any one of the provisions of the Contract or accept its non-performance, whether permanently or temporarily, this cannot be interpreted as a waiver by this Party of its rights hereunder and shall not constitute such a waiver, nor affect in any way the validity of all or part of this Contract or infringe the rights of the Party concerned to act accordingly.
17.4. Force majeure
If an event occurs that meets the legal and/or jurisprudential conditions defining force majeure, OpenClassrooms may be required to suspend the Service.
The effects of the Contract will then be suspended and will resume after the event of force majeure has ended, for the remaining duration of the Contract at the time of the suspension, unless the delay resulting from the force majeure warrants its termination. If the impediment is permanent, the Contract will be automatically terminated.
17.5. Applicable law and jurisdiction
The validity, interpretation, performance or termination of the Contract and any consequences thereof shall be governed by and interpreted in accordance with French law.
The resolution of any dispute or disagreement relating to the validity, interpretation, performance or termination of the Contract and any consequences thereof will be subject to the sole jurisdiction of the Paris Court of Appeal, even in the event of an appeal, incidental claims, recourse in warranty or multiple defendants.
Article 18 - "Job Guarantee"
18.1 Conditions of application of the Job Guarantee
18.1.1 OpenClassrooms undertakes to reimburse a Premium Plus Customer who has obtained a diploma related to a Path, if, within the six (6) month period preceding or following the awarding of the Path diploma the Customer has neither accepted nor started an employment contract, either a temporary employment contract of at least six (6) months or a permanent employment within a Company (defined hereinafter as a private or public law entity, such as: a company; a public or private institution; a local authority; etc.), and for which the salary and qualification requirements are consistent with the Path and the job market (the "Job").
18.1.2 The Premium Plus Customer may claim reimbursement if he/she satisfies, in good faith, all of the following conditions:
- The Premium Plus Customer holds a valid work permit in their country of residence, in accordance with the local regulations, authorizing them to work for at least twelve months;
- The Premium Plus Customer resides, during the six (6) month period following the awarding of the Path diploma by the jury (the "Job Seeking Period"), in their country of residence and undertakes to relocate to accept a Job located anywhere within their country of residence (including any states or regions where applicable);
- The Premium Plus Customer shall make their best efforts to actively seek employment, specifically via repeated attempts to find Jobs corresponding to the Path, including at least ten (10) new qualified and relevant requests of contact with Companies per week. He/she will send a detailed report of this job search to OpenClassrooms (email@example.com) at least once every 15 days. This report must include all of the job applications sent and the associated Employment offers where applicable; the correspondence and interviews by all means; a list of all the Companies contacted including their names, addresses, sectors of activity, relevant dates and the answers received;
- The Premium Plus Customer shall request a monthly mentoring session from the third month of the Job Seeking Period (these mentoring sessions being provided free of charge);
- The Premium Plus Customer must declare and certify on their honor that on the day that he/she requests reimbursement, he/she has neither received, nor refused, nor accepted, nor failed to reply to, a Job offer that is consistent with the Path, during or prior to the Job Seeking Period.
18.1.3 Under the Job Guarantee, and subject to the conditions listed in the preceding paragraphs being met, OpenClassrooms shall make its reasonable efforts to assist the Premium Plus Customer to find a Job upon completion of their Path, including the provision of individual support for the Premium Plus Customer during the Job Seeking Period.
18.2 Reimbursement terms and conditions
18.2.1 In order to obtain a reimbursement, the Premium Plus Customer must present, within 30 days of the end of the Job Seeking Period at the latest:
- A certificate from the national public employment service of their country of residence justifying their status as a jobseeker;
- Their bank account details;
- Justifying documents and evidence proving that the conditions set out in 18.1.2. have been satisfied.
Failure to provide the above documents shall prevent the Premium Plus Customer from being reimbursed under the Job Guarantee.
18.2.2 OpenClassrooms shall reimburse the amounts actually and personally paid by the Premium Plus Customer on the OpenClassrooms Site in relation to the Path, limited to the average course duration, as stated on the Path.
18.2.3 OpenClassrooms shall reimburse the Premium Plus Customer via bank transfer within 30 days following the request for reimbursement as set out in article 18.2.1, provided that all the required documentation has been received by OpenClassrooms.