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Terms
SMC Terms V 2.0, 1.2.2009 © SMC Swiss Management Center Page 1 of 10
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY
IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS
WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
SHOULD YOU REQUIRE ANY CLARIFICATIONS DO NOT HESITATE TO
CONTACT US
Standard Terms and Conditions for the Provision of Services
Clause 1 - Definitions:
For the purposes of these terms:
Headings; Number and Gender. The headings of sections and paragraphs are
inserted for convenience only and shall not be deemed to constitute part of this
Contract or to affect the construction thereof. The use in this Contract of singular,
plural, masculine, feminine and neuter pronouns shall include the others as the
context may require.
“Contract” means this Standard Terms and Conditions for the Provision of Services
which shall regulate the contractual relationship between SMC and the Student.
“Course” means a distance learning or campus program designed and developed
by SMC and/or any Partner, including all revisions and updates to such Course as
SMC may make from time to time.
“Course Information Package” shall be the detailed information about the entire
program of one Course designed and developed by SMC and/or any Partner and
delivered by SMC to the Student at the time of enrollment to such one Course.
“Course Materials” means the physical materials relating to any one Course,
together with all revisions and updates from time to time made by SMC and/or any
Partner, which may be in any format. The distance Learning Courses shall be
delivered by the SMC online Learning System.
“Course Work” means any work, materials, project, thesis, dissertation, required to
be developed by the Student during the Course and submitted to SMC.
“Partner” means any third party institution who shall provide any part of the services
hereunder under the overall responsibility of SMC.
SMC Terms V 2.0, 1.2.2009 © SMC Swiss Management Center Page 2 of 10
“Services” shall be the provision of any one Course by SMC and/or any Partner to
the Student in accordance with the Course Information Package delivered by SMC to
the Student.
“SMC” means Swiss Management Center AG, a Swiss Corporation, with offices
located at Baarerstrasse 112, CH-6302 Zug, Switzerland.
“Student(s)” means the party receiving the Services to be provided by SMC and/or
any Partner .
Clause 2 - Area of Application and effectiveness:
2.1 The contractual relationship between SMC and the Student enrolled in any
Course provided by SMC shall be governed exclusively by this Contract which
shall become effective and be binding on the parties at the time of acceptance, in
writing, of Student´s application for admission by SMC.
2.2 SMC hereby refuses to accept any additional or different terms contained on any
of Student's acknowledgments or in any other correspondence from the Student,
unless such additional or different terms are expressly accepted in writing by
SMC. The terms of this Contract shall constitute the entire agreement between
SMC and the Student on the subject hereof, superseding all prior
communications and negotiations between the parties.
SMC Terms V 2.0, 1.2.2009 © SMC Swiss Management Center Page 3 of 10
Clause 3- Responsibility for Course Material
3.1 SMC do not warranty that the Course Material will meet a satisfactory level of
quality as however; SMC does not warrant that Course Material will be errors or
omissions free.
3.2 SMC will deliver the Services to the Student in a manner in accordance with the
terms and conditions of the Course Information Package received by the Student.
3.3 The Student will be responsible for inspecting the Program Materials as soon as
reasonably possible following delivery. Furthermore, the Student will be
responsible for notifying SMC about any errors or omissions as soon as possible.
3.4 If SMC is notified under clause 3.2, SMC shall, at its sole option, either correct the
error or omissions or replace the defective Course Material without undue delay.
SMC reserves the right to make variations to the content or methods of delivery
or assessment of programs, to discontinue, to merge or combine programs if
such action is required by SMC.
3.5 If the Student is intending to take leave (sabbatical) from the Course for a period
of not less than 2 months, Student will be required to notify SMC in writing in
order for SMC to honors its “flexibility policy' in relation to the time for completion
of the Course chosen. If Student fails to notify SMC in advance, continuation of
the respective Course will be at SMC´s discretion.
Notwithstanding the aforementioned, taking leave from the Course shall in no
event extend the time period to effect the payment of any installments due by the
Student. Likewise, taking leave for shorter periods of time shall also not grant an
extension of time to effect any payments hereunder. Payments shall be effected
on the agreed upon dates as provided in clause 4 hereto.
3.6 All students must complete the entire Course within a period not greater than 4
years from enrollment to the respective Course. At the discretion of SMC and at
the request of the Student the period of the course may be extended, for which
an additional fee may be payable.
SMC Terms V 2.0, 1.2.2009 © SMC Swiss Management Center Page 4 of 10
Clause 4 - Payments
4.1 The terms and dates of payment shall be as set forth in an invoice issued by SMC
to the Student.
4.2 Under no circumstances shall SMC be deemed to have received payment until
payment has actually been received by SMC in full.
4.3 Preliminary access to the Course material including, without limitation, the SMC
online learning system shall only be granted by SMC upon payment of the tuition
fee in full or if the Student is paying for the Course by installments, upon payment
of the first installment as set forth in the invoice issued by SMC to the Student.
4.4 Subject to clause 5.2 hereto, the fees of the distance learning programs and
distance learning Courses, and other online services are non-refundable.
4.5 SMC shall have the right to charge a interest for late payment interest up to 12%
per annum for invoices not paid within the date of payment set forth in the invoice
issued by SMC to the Student unless SMC agrees, in writing, to postpone the
date for such payment.
4.6 SMC shall have, at any time, the right to suspend Students access to the Course
including without limitation, SMC online learning system if payment of any
subsequent installments is delayed for more than 60 days per event or in
aggregate. A sabbatical which also includes a deferral of the payments has to be
requested before the due date. If SMC will be obliged to suspend the Students
access a Lock Fee has to be charged.
4.7 Without prejudice to clauses 4.4, 4.6 and 5.1 hereto, SMC shall not be obliged to
issue the respective certificate of completion for the Course enrolled until all out
withstanding debts are settled by the Student.
4.8 If a Student does not complete a Course within 4 years, the Student shall be
given the opportunity to finish and complete the respective Course within two
more years. Such prolongation shall be subject to the payment of an additional
fee to be agreed between SMC and the Student in case of such prolongation.
Likewise, SMC shall not be obliged to grant the certificate of completion for the
Course enrolled to those Students whose thesis/dissertation does not meet
minimum requirements or for those who do not pass final grand examination
as set forth in the Course Information Package.
SMC Terms V 2.0, 1.2.2009 © SMC Swiss Management Center Page 5 of 10
Clause 5
Termination
5.1 Termination by SMC
Without prejudice of any other rights SMC might have as per applicable law,
should payment of any invoices issued by SMC to the Student be delayed for
more than 90 days per event or in aggregate, SMC shall have the right
forthwith to terminate the contract upon written notification to the Student.
Likewise, SMC reserves the right to terminate the contract, without right for any
refund of the paid tuition fees, in the following cases:
a) If Student make himself guilty of plagiarism or serious academic misconduct
in breach of SMC Student Regulations as:
Academic Dishonesty
All forms of academic misconduct including but not limited to cheating,
fabrication, plagiarism, or facilitating academic dishonesty.
Forgery
Forgery, alteration, or misuse of any University document, record, key,
electronic device, or identification. False information or Forgery of any
documents used for the application
Harassment
Harassment by a student of any person. For the purposes of these policies,
‘harassment’: is the use, display, or other demonstration of words, gestures,
imagery, or physical materials, or the engagement in any form of bodily
conduct, on the basis of race, color, national or ethnic origin, alienage, sex,
religion, age, sexual orientation, or physical or mental disability, that has the
effect of creating a hostile and intimidating environment sufficiently severe or
pervasive to substantially impair a reasonable person’s participation in
University programs or activities, or use of University facilities.
Course Materials
Selling, preparing, or distributing for any commercial purpose course lecture
notes or video or audio recordings of any course unless authorized by the
University in advance and explicitly permitted by the course instructor in
writing. The unauthorized sale or commercial distribution of course notes or
recordings by a student is a violation of these Policies whether or not it was
the student or someone else who prepared the notes or recordings.
Copying for any commercial purpose handouts, readers or other course
materials provided by an instructor as part of a University of California course
unless authorized by the University in advance and explicitly permitted by the
SMC Terms V 2.0, 1.2.2009 © SMC Swiss Management Center Page 6 of 10
course instructor or the copyright holder in writing (if the instructor is not the
copyright holder).
5.2 Termination by the Student
The Student may terminate this contract upon 30 days written notice to SMC
without the right for refund of the paid tuition fees. The same applies if the
Student and SMC have agreed on installment payments so that the Student
shall, irrespective of the termination of this contract, be obliged to pay the
outstanding remainder of the tuition fees to SMC.
Likewise, without prejudice of any other rights the Student might have as per
applicable law, the Student shall have the right to terminate the contract
forthwith, with refund in full of the paid tuition fees, in the following cases:
a) Subject to clause 5.1 (a) and 4.6 hereto, If SMC and/or its Partner do not
grant the certificate of completion for the Course enrolled after successful
completion of such Course by the Student.
b) If SMC materially changes the Course without prior agreement of the
Student;
c) If SMC fails to deliver the Course material for more than 90 days per event
or in aggregate.
Clause 6
Suspension
In case SMC and the Student have agreed on installment payments and the
Student is in default with respect to one installment payment the Student shall
be obliged to pay to SMC in addition to the outstanding installment payment
default interests in the amount determined by applicable law and an amount
equal to the expenses incurred to SMC in the context of the default of the
respective Student. In case the Student fails to pay the entire outstanding
amount within 14 days after receipt of a reminder letter from SMC, the entire
outstanding remainder of the tuition fees shall become due and payable
immediately.
If the Student fails to pay such aggregate outstanding amount within 14 days
from the due-date SMC has the right to suspend the Student from the online
learning system as long as SMC has not received the outstanding amount.
SMC Terms V 2.0, 1.2.2009 © SMC Swiss Management Center Page 7 of 10
SMC Terms V 2.0, 1.2.2009 © SMC Swiss Management Center Page 8 of 10
Clause 7
Reservation of Title
The Course Materials supplied to the Student under this Contract shall always
remain the exclusive property of SMC. All copyright and other intellectual
property rights relating to the Course Materials and the SMC online learning
system are either owned by or licensed to SMC.
All Course Materials and the SMC online learning system are intended for
individual personal use and are protected under Swiss and International
copyright laws and conventions and may not be published, copied, sold or
otherwise reproduced or distributed without SMC´s prior written consent. SMC
grants to the Student a nonexclusive license to use SMC online learning
system and the Course Material for Student´s personal learning only. This
license cannot be shared by the Student with anyone else. The Student shall
not use SMC online learning system and the Course Material provided by SMC
for any other purposes unrelated to the Course.
All Course Work developed by the Student shall remain the exclusive property
of the Student. All copyright and other intellectual property rights relating to the
Course Work are owned by the Student. The Student grants to SMC a nonexclusive
license to use and copy the Course Work for any purpose related to
the Course.
Clause 8
Limitation of Liability
SMC shall not be liable for any direct or indirect or consequential loss or
damage whatsoever (including without limitation any loss of profits, loss of
revenue, loss of opportunity) which the student may suffer arising out of or in
connection with this contract, if SMC is acting slightly negligent only.
SMC neither guarantees nor warrants that the graduation/completion of a
Course by a Student entitles the Student to receiving any degree and/or credit
from another university or any other similar institution. The grant of a degree
and/or credit by another university or similar institution is subject to the
requirements determined in this respect by the respective university or similar
institution only.
SMC Terms V 2.0, 1.2.2009 © SMC Swiss Management Center Page 9 of 10
Clause 9
Data Protection
The Student is herewith informed by SMC in detail on the type, scope, place of
and reason for the collection, processing, and use of personal data necessary
to process orders, register for the online learning system and e-mail services,
execute grading for submitted study work, and prepare admission
documentation and academic transcripts and diplomas. Personal data of the
customer is used for the following purposes:
• To ensure the communication with the Student by e-mail and through the
SMC online Learning System, incl. mails to all registered Students and
registered applicants (mass mails).
• To establish a Student profile when the Student buys our Services;
• To continuously improve the quality of our Services, SMC require certain
minimal data (Student profile);
• SMC never uses customer profiles to send unsolicited printed materials
or e-mails;
• SMC will never sell or make available Student profiles to third parties for
any reason;
• SMC will always answer individual questions concerning the protection of
personal data. Please send your questions or comments to:
office@swissmc.ch.
The Student expressly agrees to the collection, processing and use of personal
data as described above.
SMC Terms V 2.0, 1.2.2009 © SMC Swiss Management Center Page 10 of 10
Clause 10
Applicable Law and Place of Jurisdiction
This Contract shall be interpreted in all respects in accordance with the laws of
Switzerland. The parties hereby submit to the exclusive jurisdiction of the
Swiss Courts for the determination of any question or dispute arising in
connection with this Contract. Place of jurisdiction shall be Zug.
The United Nations Convention on Contracts for the International Sale of Goods
(CISG) is hereby expressly excluded
SMC Swiss Management Center AG
Baarerstrasse 112
CH-6302 Zug
Switzerland
Telefon: +41 41 500 16 22
Email: office@swissmc.ch
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