GENERAL TERMS

Within the framework of these present terms and conditions as well as on the BUTTERFLY website, the following words are defined as follows:

« Client »: co-contracting party with BUTTERFLY. The Client could be both a natural and a legal person.
«User»: natural person designated by the Client to BUTTERFLY as a website user. The user could be a manager or an invoice manager. He could also be the Client himself.
«Trainee »: natural person designated by the Client or the User to BUTTERFLY as the beneficiary of BUTTERFLY’s online course. The Trainee could be the Client himself.
«Website »: e-learning platform made available for the Client/User/Trainee by BUTTERFLY under the framework of these present terms and conditions. The dedicated URL of this website is as follows: https://www.butterfly-training.us. This website is owned by Butterfly Aero Training SARL, (registered at the company register of Paris under the reference number 482064110 and located at 33 avenue de Wagram – 75017 Paris, France) and operated by Butterfly Training Corp.
«Training»: distance learning tool provided to trainee by BUTTERFLY. BUTTERFLY’s courses are exclusively available online.

These terms and conditions as presented describe contractual provisions relating to the rights and obligations of all parties in the sale of online training performed by BUTTERFLY to the Client.

The terms of sale are brought to the attention of the User prior to validation of any order.

Consequently, by submitting an order the Client expressly undertakes to fully accept all of the mentioned conditions in these terms and conditions. The Client is asked to tick the box ‘I accept the terms and sales’ to formalise the Client commitment. The full terms and conditions are available on a dedicated page of this website.

All or any conditions that are not expressly accepted remain unappeasable in respect of BUTTERFLY, regardless of when or at what particular moment that it could have come to the knowledge, or carried any commercial significance to the party.

All of the paragraphs that make up the whole of this contract, have relevance even if they are not all applicable, neither is it possible to either selectively interpret or oppose a clause without engendering a renunciation by Butterfly given the conditional clauses that make up the below mentioned agreement (null & void conditions).

4.1. Pricing and invoicing

BUTTERFLY is committed to displaying its training prices in the most transparent way. The applicable prices are those displayed on the website at the time of the order. They are quoted in US Dollars and do not include taxes. They can be changed at any time without notice.

All orders are invoiced in US Dollars and paid in US Dollars.

The Client is solely responsible for the payment of invoices addressed to him.

4.2. Payment method

4.2.1. Credit card

The Client can only pay using his bankcard. All payments should be made at once and at the time of the training purchase. Accepted bankcards are VISA, MASTERCARD and AMERICAN EXPRESS. The Client guarantees to BUTTERFLY that he has all rights to use this payment method when validating the order. The client recognises that by filing in the appropriate fields with payment information, this provides his full acceptance of this payment to BUTTERFLY for all due amount.

4.2.2. Monthly billing

The method of payment by default is bankcard. If the Client wants to change the method of payment (cheque or bank transfer), he has the possibility to request a payment change to BUTTERFLY from his account in the dedicated area. In case of deferred payment and in the event of late or non-payment BUTTERFLY could without any formal notice take measures as described in article 4.7. of these terms and conditions.

All training ordered with this method of payment is billable once the purchased training has started.

4.3. Secure payment

When purchasing training on the website, the client is redirected to Stripe as a payment system. At this stage, the client will be asked to fill in corresponding fields with his bankcard number, expiry date and control number. The various stages of the payment process between the Client and Stripe are fully encrypted and protected. The protocol used is SSL (Secure Sockets Layer) linked with e-banking. This means that information linked to the order and the bankcard number do not circulate unencrypted on the internet. The bankcard number is not printed out onto documents, invoices, credit card receipts or other print-outs. Besides, BUTTERFLY will never access the Client payment information. Stripe does not keep card numbers once the payment transaction has been transmitted to BUTTERFLY.

4.4. Order process and validation

Prior to order confirmation, the Client will be able to proofread his order summary and total amount due, as well as to modify possible mistakes. The validation to the order by the client actually constitutes an act of irrevocable acceptance of these conditions and can only be challenged in limited cases provided for in this contract under section 4.6. Consequently, BUTTERFLY can in no event be held liable for non-performance or poor performance of contractual services due to the particular Client order data entry.

4.5. Acknowledgement of receipt

The acknowledgement of receipt is sent to the Client by E-Mail as soon as the Client order is processed. It is legally binding proof of order when combined with the original invoice.

Any order validation will results in the sending to the client a receipt via e-mail, as well as the order summary. These items are also available in the client area of the site.

4.6. Right of cancellation

Unless there is agreement between BUTTERFLY and the Client to the contrary, the Client may not exercise the right of cancellation referred to in this paragraph once the purchased training has been opened/started.

BUTTERFLY reminds that this right does not apply to legal person.

4.7. Measures taken by BUTTERFLY in case of delay or absence of payment

Unless otherwise mentioned on the quote by BUTTERFLY, payment in full to BUTTERFLY shall be made no later than 30 days from the date of invoice. In the event of late payments and without any formal notice being required:

The Client will be liable for late payment penalties of one and a half times the prevailing base legal interest rate applied to the entire sum in question.

If the delay is equal or greater to three months, all services and training in progress can be unilaterally interrupted until full payment is received. Moreover, in cases of returned or failed payment, BUTTERFLY could ask the client to pay 100 dollars (tax excluded) for denied payment.

All disagreements concerning the issues of invoicing, and the nature of the services that are under reclamation must be sent in writing via Recorded Delivery with Proof of postal delivery or by fax, respecting a period of notice that is 8 days from the date that the invoice has been delivered. In the absence of these details, the Client acknowledges the acceptation of its invoice. In the cases of dispute, the total outstanding amount of unpaid invoices or debits (including the amount corresponding to the services that are disputed), must be paid by the due date. Once the period allotted for payment has effectively run out, the Client will be expected to honour all of their outstanding debts and to redress immediately their financial irregularities. From this point onwards, the client’s complaint or dispute will no longer be accepted as a valid contestation.

4.8. Proof

In case of disputes concerning the nature of BUTTERFLY’s services or Client use of the website, the information saved on the electronic payment tool and in the framework of automatic collection of information by BUTTERFLY could be used as evidence between both parties.

BUTTERFLY may without notice suspend or terminate the Client access to its services and training, wholly or partially for any valid reason, including, without limitation where:

– The Client fails to observe or perform any obligation set out herein (and in particular provisions related to article 4 of the present terms and conditions) or any relevant law, license, regulation, directive, code of practice or applicable usage policy,

– If for any reason BUTTERFLY suspends or discontinues a Service or is unable to supply a Service (or any part thereof) to the Client.

– BUTTERFLY exercises any of its rights or powers under this Clause such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to BUTTERFLY.