These terms of use and sale govern access to the audit404conseils.com website, its news feed, the client area and the demo software, as well as the sale of the services and training of AUDIT 404 CONSEILS SARL (“the Firm”). They consist of two parts: use of the website (part 1) and sale (part 2). Beninese and OHADA law.
Part 1 — Article U1: Access to the website
The website is freely accessible to anyone with Internet access. Connection costs are borne by the user. The Firm may interrupt access for maintenance, announcing it where possible.
Article U2: User undertakings
Users provide accurate, complete and up-to-date information in the forms (quote, appointment, payment, registration, application, contact). The following are prohibited:
- any attempt at intrusion, disruption, reverse engineering or attack against the website or the software;
- automated extraction (scraping) of the catalogue of services, training courses or watch articles;
- identity theft, submission of falsified documents or malicious files;
- any use of the content for unlawful purposes or purposes contrary to public order.
Article U3: News feed and reactions
The news feed presents the Firm’s publications and announcements. Reactions and sharing are free. The Firm may remove without notice any comment that is abusive, defamatory, promotional, unlawful or off-topic. Publications do not constitute a contractual offer.
Article U4: Information content
Watch articles, guides, publications and FAQ answers are general information. They do not constitute legal advice; only a contract (accepted quote or engagement letter) binds the Firm.
Article U5: Client area and software
Access to the client area and the CONFORM’AREA software is personal and protected by a password and two-factor authentication. Users keep their credentials confidential and report any suspicious use without delay. The Firm never asks for a password by e-mail or phone.
Article U6: Force majeure and amendment of the terms
Neither party is liable for a failure due to force majeure within the meaning of Beninese and OHADA law. The Firm may amend these terms; the applicable version is the one in force on the date of browsing or acceptance of the quote. Each version is dated and archived.
Part 2 — Terms of sale
These terms of sale apply to all services sold by AUDIT 404 CONSEILS SARL (“the Firm”), in particular through the audit404conseils.com website: quote requests, appointment bookings, training registrations and payments. Beninese and OHADA law.
Article 1 — Purpose and scope
1.1. These terms of sale govern the sale of consulting, audit, regulatory watch, board secretariat, digitalisation, legal structuring and PECB certification training services, as well as the related online services (quote requests, appointments, registration, payment), to business and public sector clients (B2B/B2G) and to individuals (B2C).
1.2. Any acceptance of a quote, online or by signature, and any registration for a course implies unreserved acceptance of the terms of sale in force on that date, which prevail over the client’s terms. The accepted version is time-stamped and kept.
1.3. Subscriptions to the CONFORM’AREA software are governed by its own terms of use and subscription agreement.
Article 2 — Quotes and formation of the contract
2.1. Quote request. No prices are displayed on the website. The client describes their need online; the request receives a reference (DEV-YYYY-NNNN) and an acknowledgement. The Firm sends a personalised quote free of charge, valid for 30 days.
2.2. Timeframe. The quote is sent within 48 working hours of receipt of a complete request.
2.3. Formation of the contract. The contract is formed by written acceptance of the quote (signature with the endorsement “Approved” or acceptance by e-mail), accompanied, where applicable, by payment of the deposit or the first instalment. A summary confirmation is sent by e-mail.
2.4. Scoping call. The scope is confirmed during a scoping call. If the information provided proves inaccurate or incomplete and changes the volume of work by more than 10%, the Firm proposes an amended quote; the client may then withdraw from the contract and obtain a full refund of the sums paid.
Article 3 — Prices and invoicing
3.1. Prices are provided on quotation, in CFA francs. The Firm is not subject to value added tax (VAT): the amounts on its quotes and invoices are net, without VAT. They are firm for the validity period of the quote, subject to article 2.4.
3.2. An invoice compliant with the tax regulations in force is issued for each service.
3.3. Training: prices are shown in the price list and on the quote or pro forma invoice. Discounts: 10% for payment in full; for 2 instalments (50% on registration, 50% before the exams), 10% on the balance paid before the exams; packs and group registrations according to the catalogue in force; discounts cannot be combined. Payment in full is required for access to the exam.
Article 4 — Online payment and due dates
- Accepted methods: Mobile Money (MTN MoMo, Moov Money, Celtiis Cash), bank card (Visa, Mastercard) and bank transfer.
- Online payments, once available, are processed by the licensed payment provider FedaPay. The Firm never has access to card data and does not store it. A receipt is issued immediately.
- Fixed-fee and on-demand engagements: 30% deposit on acceptance, balance on delivery, payable within 30 days.
- Subscription and outsourcing: first monthly payment on acceptance, then monthly in advance.
- Training: payment in full, in 2 or 4 instalments, through a training savings plan or per session, according to the schedule on the pro forma invoice.
- If an online payment fails, no amount is charged and the order is not confirmed. Any refunds are made using the same payment method within 15 days. Any question about an invoice or payment: facturation@audit404conseils.com.
Article 5 — Late payment
In the event of late payment, penalties at an annual rate of 15% apply automatically, together with a fixed recovery fee of 25,000 FCFA per invoice. The Firm may suspend the performance of services, access to the client area, the issuance of certificates and the organisation of exams until payment in full.
Article 6 — Online appointments
Booking a 30-minute call is free and non-binding. The appointment may be cancelled or rescheduled up to 24 hours beforehand, from the invitation received or by writing to the Firm.
Article 7 — PECB certification training
- Online registration is confirmed upon receipt of payment or the employer’s purchase order; a registration form and a pro forma invoice are sent to the participant.
- An inter-company session goes ahead from 5 participants. If the Firm cancels, the participant chooses between a postponement and a full refund.
- Cancellation by the participant: free of charge more than 15 days before the session; 50% of the price between 15 and 8 days; 100% less than 8 days before or in the event of absence. A participant may be replaced free of charge up to 48 hours before the session.
- The certificate is issued by PECB after passing the exam and validation of the application; the certificate of attendance issued by the Firm proves participation and is not a certification. Sending the participant’s data to PECB requires their express consent.
Article 8 — Right of withdrawal
8.1. Business and public sector clients do not have a right of withdrawal.
8.2. Individuals who conclude a distance contract have 14 calendar days to withdraw, without giving reasons, by writing to the Firm; sums paid are refunded within 15 days. If they expressly request that the service begin before the end of this period, they acknowledge losing their right of withdrawal for the part performed; a course that has started can no longer be withdrawn from.
Article 9 — Performance and complaints
The Firm performs its services diligently, in accordance with applicable standards; it is bound by an obligation of means. Any complaint must be sent in writing to contact@audit404conseils.com within 15 calendar days of delivery of the draft deliverable or the end of the training; failing that, the work is deemed accepted.
Article 10 — Intellectual property and retention of title
The Firm’s methods, templates, course materials, tools and software remain its exclusive property. After payment in full, the client receives a non-exclusive licence for internal use of the deliverables. Until payment in full, the Firm retains ownership of the deliverables and their use is prohibited.
Article 11 — Confidentiality and personal data
The parties undertake to maintain confidentiality during the contract and for 5 years after it ends. Personal data is processed in accordance with the website’s privacy policy, which forms an integral part of these terms.
Article 12 — Liability and non-solicitation
The Firm’s liability is limited to the amount actually received for the service concerned; indirect damages and operating losses are excluded, except in cases of gross negligence or wilful misconduct. The client undertakes not to hire any member of the Firm’s staff who took part in the engagement, during the engagement and for 12 months afterwards, unless agreed in writing.
Article 13 — Staff placement and provision
Staff placement and provision services require a licence. They will be available soon: they are only carried out after this licence has been obtained, and its number will then be shown on the website and in contracts.
Article 14 — Governing law and disputes
These terms of sale are governed by Beninese law and the OHADA Uniform Acts. The parties will seek an amicable solution for 30 days; failing that, the dispute will be brought before the Cotonou Commercial Court, subject to the protective rules applicable to consumers.