1. Application and validity
1.1 These General Conditions for Training and Other Services (hereinafter referred to as GCTS or General Conditions) govern the provision of training and other services by SafetyFirst SA (hereinafter referred to as SafetyFirst) to the Client, which may be any natural or legal person who uses the services of SafetyFirst.
1.2 The Customer declares that he/she has read these General Terms and Conditions and agrees to accept them in full when placing an order with SafetyFirst, either via the company’s website or directly with its staff or representatives. The version published on the official SafetyFirst website shall prevail.
1.3 SafetyFirst reserves the right to modify these GFS at any time and without notice.
2.1 Training courses take the form of individual or group lessons and are held on premises made available by the customer. It is the customer who also decides the number of participants under the conditions detailed in article 4 below and with the agreement of SafetyFirst.
2.2 The duration and content of the course are stated on the offer and on the invoice sent to the customer. The duration of the courses offered is fixed and announced in advance. Nevertheless, it is possible that the course may occasionally exceed the duration set out in the quotation and/or invoice by a few minutes.
2.3 In the event that the training starts more than 15 minutes late, SafetyFirst undertakes to pass on the difference between the theoretical start and the actual start of the training at the end of the training or at another date.
3. Customer premises
3.1 The client must provide SafetyFirst with a room able to accommodate all the participants on the list provided by the client and the trainers.
3.2 Each participant and trainer must have a seat and a table. In addition, sufficient space must be available in the room to carry out the practical exercises provided by SafetyFirst.
3.3 The premises must be made available to SafetyFirst at least 30 minutes before the start of the course and at least 30 minutes after the end of the course (to complete the training documents and put our equipment away). The customer is responsible for renting the classrooms.
3.4 In the event that the room proposed by the client does not have projection equipment, a whiteboard or flip chart, SafetyFirst must be notified at least 10 days prior to the training in order to make the necessary arrangements.
4.1 The Client must provide SafetyFirst with a list of participants at least 10 working days prior to the provision of the service, the 10th day being the day on which the training is provided by SafetyFirst.
4.2 The list of participants must include: the surname, first name, date of birth and e-mail address of each participant.
4.3 SafetyFirst reserves the right to refuse access to training to anyone who is not registered.
5.1 The Customer agrees that the IAS may access the premises provided at any time in order to check that the teaching quality of the SafetyFirst instructor complies with the requirements for first aid training (IAS standards). The IAS does not notify SafetyFirst of its arrival, so that SafetyFirst itself cannot notify the customer.
5.2 On conclusion of the contract, the Customer agrees that IAS inspectors may attend SafetyFirst training at the Customer’s premises.
6.1 Each Participant must complete all training provided by SafetyFirst. Each participant must therefore be physically present from the start of the training, i.e. at the time SafetyFirst begins to deliver its course, until the end of the said training, i.e. the time SafetyFirst hands out the certificates to each participant.
6.2 In order to receive a certificate, each participant must actively participate in the entirety of the training provided by SafetyFirst and have paid the invoice in full. SafetyFirst reserves the right to determine whether or not the participant has completed the entire course.
6.3 In the event that a participant does not fully participate in the training provided by SafetyFirst, SafetyFirst reserves the right to ask the participant in question to attend a make-up session in order to obtain his/her certificate.
6.4 SafetyFirst reserves the right to admit or not, at its sole discretion, that a Participant may be absent for a short period of time in case of necessity or emergency which will not be held against the said Participant, as long as the duration of this absence does not exceed a certain duration set by the Trainer. In such a case, the participant must notify SafetyFirst of his absence and the trainer may grant him an absence of a maximum total duration of 30 minutes during the course.
6.5 If the duration of the participant’s absence exceeds the time allowed by the trainer, SafetyFirst reserves the right to invite the participant to a make-up session.
6.6 SafetyFirst reserves the right to immediately exclude any participant whose behaviour is deemed inappropriate, disruptive, disrespectful or dangerous to themselves, other participants or the Trainers.
6.7 This exclusion does not give rise to any reimbursement, even partial, and may lead, if necessary, to the interruption of the course for the whole group if the safety or smooth running of the session cannot be guaranteed.
7.1 The purpose of the remedial session is to provide participants who have not completed the entire course with the knowledge they lack as a result of their absence.
7.2 The make-up session lasts for the duration of the course absences.
7.3 As soon as the remedial session is over, the participant who has satisfactorily completed the remedial session is entitled to his/her certificate.
7.4 The remedial session will be billed according to the time required for the participant who has not attended the entire course to acquire all the knowledge required to obtain the certificate.
7.5 The remedial session will be invoiced within 15 days of the day on which the training was provided by SafetyFirst.
7.6 The invoice must be paid no later than the 30th day after the invoice is sent.
8.1 Unless otherwise agreed, the current prices for products and services shown on the SafetyFirst website apply.
8.2 All prices are net and exclude VAT for all first aid training courses.
8.3 SafetyFirst reserves the right to change prices at any time. The new prices apply as soon as they are published on the online platform.
8.4 Contractual services are provided against invoice. The customer undertakes to pay the invoice amount without any deductions and on time.
8.5 Unless otherwise agreed, invoices are payable within 30 days without discount. However, if the training or service is agreed within less than 30 days, the invoice must be paid before SafetyFirst provides the training.
8.6 Unless otherwise agreed, if the Client fails to pay in full prior to the provision of the training or service, SafetyFirst reserves the right to suspend or cancel such services.
8.7 SafetyFirst accepts no liability for damage resulting from suspension or cancellation.
8.8 SafetyFirst reserves the right to send invoices electronically and the Customer agrees to this form of communication.
8.9 Any delay in payment shall give rise to the payment of late payment penalties. The customer must pay an initial penalty of CHF 10. In the event of persistent late payment, a second penalty of CHF 20 will be payable and legal proceedings will be initiated.
9.1 In the event of cancellation of a service already invoiced by SafetyFirst, the Client must notify SafetyFirst at least 20 days before the service is to be provided.
9.2 The period begins no later than 20 days before the date of the training or service provided by SafetyFirst. The 20th day being the date on which the course is due to take place.
9.3 If cancellation occurs within the time period specified in 9.1, the Client may propose new dates which SafetyFirst reserves the right to accept or reject. In the event that no date is acceptable to SafetyFirst, SafetyFirst will contact the Client to mutually agree on a new date that will not disrupt SafetyFirst’s training schedule.
10.1 If the cancellation is not made within the period indicated in point 9.1, i.e. 20 days or less before the course start date, part or all of the invoice will be charged to the Customer under the following conditions (hereinafter referred to as the “late payment penalty”):
– In the event of cancellation 15 days before the start of the course, 30% of the total invoice will be payable by the customer.
– In the event of cancellation between the 9th and 15th day before the start of the course, 50% of the total invoice will be payable by the customer.
– In the event of cancellation between the 5th and 8th day before the start of the course, 75% of the total invoice will be payable by the customer.
– In the event of cancellation less than 5 working days before the start of the course, 100% of the total invoice will be charged to the customer.
10.2 In the event that SafetyFirst is not notified by the Client of the cancellation of the training or service, the late payment penalty will commence on the date SafetyFirst should have provided the service and payment of the full invoice is due.
10.3 The late payment penalty must be paid, in full, within 30 days of the Client’s communication that it is forced to cancel the Training or the day on which SafetyFirst should have provided its service.
11. Cancellation of a course by SafetyFirst
11.1 In the event of insufficient registrations (a minimum of 6 participants must be registered for each course), SafetyFirst reserves the right to reschedule the course to a new date, if possible within 2 to 7 working days, provided that Safetyfirst’s training schedule is not disrupted.
11.2 In the event that rescheduling due to insufficient participation disrupts SafetyFirst’s training schedule, SafetyFirst reserves the right to cancel the course in its entirety.
11.3 SafetyFirst will not be liable for any penalties or costs in the event of cancellation or rescheduling of the service due to insufficient registration.
11.4 In the event of a force majeure event (natural disaster, pandemic, interruption of transport, fire, strike, decision by the authorities, serious breakdown of equipment essential to the training, or any other unforeseeable event beyond the control of SafetyFirst), SafetyFirst reserves the right to cancel or postpone the training without this giving rise to any compensation to the client. In such a case, SafetyFirst undertakes to inform the client as soon as possible and to propose, as far as possible, a new date for the training course concerned.
11.5 SafetyFirst offers training in the use of extinguishers, in accordance with the legal requirements on fire safety in Switzerland. The aim of these courses is to enable participants to acquire the knowledge they need to react effectively in the event of a fire, in accordance with the regulations in force (in particular the Ordinance on Fire Prevention issued by the AEAI).
In the event of adverse weather conditions (heavy rain, strong winds, heavy snow) or unavailability of essential training equipment (fire extinguishers, fire simulator, protective equipment) due to technical failure or malfunction, SafetyFirst reserves the right to postpone the session to a later date agreed with the customer. In this case, no penalties or additional costs may be claimed from the customer, and a new date will be set by mutual agreement as soon as possible.
The customer undertakes to guarantee the provision of a safe area suitable for practical training, in compliance with the applicable safety standards. SafetyFirst accepts no liability for any accident or damage caused by failure to comply with the minimum safety conditions on the training site.
12.1 The educational content, training aids, presentations, didactic tools and visuals provided or presented during the training courses remain the exclusive property of SafetyFirst. Any reproduction, distribution or use for commercial or non-commercial purposes is strictly prohibited without the prior written consent of SafetyFirst.
12.2 Participants’ personal data is treated confidentially in accordance with current Swiss legislation on data protection. It is used solely for the purposes of organising, managing and monitoring training courses. The client and participants have the right to access, rectify or delete their data, on written request to SafetyFirst.
13.1 As part of its training courses, SafetyFirst may take photos or videos for educational, promotional or communication purposes.
13.2 By accepting these GCFS, the customer accepts that images in which the participants appear may be used, unless they expressly object in writing beforehand.
13.3 SafetyFirst undertakes to use these images with respect for the dignity and rights of the persons concerned, without infringing their privacy.
14.1 Neither SafetyFirst nor its staff shall be liable for any damage caused to the Customer by the use of materials supplied by SafetyFirst during training or by attendance at sessions, in particular in the event of accidents, injury or damage.
14.2 Customers use the facilities and participate in the sessions at their own risk. It is the responsibility of each customer to ensure that they are covered in the event of an accident.
14.3 SafetyFirst accepts no responsibility for loss or theft of personal effects, valuables, money, clothing etc. of its customers on its premises.
14.4 SafetyFirst accepts no responsibility for any problems that may arise outside or outside the sessions.
15.1 Any complaint regarding the quality of a performance, training or service provided by SafetyFirst must be submitted in writing (email or post) within a maximum of 10 working days after the end of the said performance. After this period, the service is considered to have been accepted without reservation.
15.2 Upon receipt of the complaint, SafetyFirst undertakes to initiate an internal procedure to assess the dispute. This procedure must include : – An interview with the person at the origin of the complaint (client or participant), in order to gather precise information about the facts and feelings relating to the subject of the dispute, including the collection of testimonies. – A hearing with the trainer or staff concerned, in order to obtain a complete and balanced view of the situation.
15.3 At the end of this listening phase, SafetyFirst will analyse the information gathered, taking into account its contractual commitments and the quality of its services. If the situation warrants it, SafetyFirst reserves the right to consult an external legal advisor in order to guarantee impartial treatment in accordance with the law in force.
15.4 A reasoned written response will be sent to the complainant within a reasonable period of time (generally 15 working days after receipt of the complaint).
15.5 In the event of persistent disagreement, the parties undertake to attempt to resolve the dispute amicably (for example, by mediation). Failing this, the dispute will be brought before the competent courts in accordance with article 15 of these GCFS.
16.1 These GCFS are governed by Swiss law, to the exclusion of any other foreign legislation. The place of jurisdiction is the Canton of Vaud and the competent courts are those of Lausanne.