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Terms and conditions

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.

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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”: The Terms and Conditions for the Provision of Services which shall regulate the contractual relationship between SMC Swiss Management Center AG (hereinafter referred to as “SMC”) and the Student.

“Course”: A module 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 Material”: Physical or electronic material relating to any Course, together with all revisions and updates applied regularly made by SMC and/or any Partner, which may be in any format. The Courses shall be delivered via the SMC Online Learning System.

“Course Syllabus”: A document that includes but is not limited to the detailed outline, Course structure, learning goals, assignments, and grading criteria of a single Course.

“Course Work”: Any work including but not limited to materials, projects, assignments, required to be developed by the Student during the Course and submitted to SMC.

“Certificate of Completion”: The document issued upon successful completion of all requirements set forth by SMC as part of the Course and Course work.

“Enrolment Date”: The day on which SMC provides Student with access to the Online Learning System.

“Parties”: referred to SMC and Student jointly

“Partner”: Any third party institution who shall provide any part of the services hereunder under the overall responsibility of SMC.

“Services”: The provision of relevant support, aids, systems, processes, and benefits related to any Course offered and conducted by SMC to the Student in accordance with the Student Handbook and Course syllabus.

“SMC”: SMC Swiss Management Center AG, a Swiss Corporation, registered at Baarerstrasse 112, CH-6302 Zug, Switzerland.

“Student(s)”: 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.


Clause 3
Responsibility for Course Material

3.1 SMC will deliver the Course Material necessary to achieve the educational goals set forth in the Course Syllabus.


3.2 The Student will be responsible for inspecting the Course Material as soon as reasonably possible following delivery. Furthermore, the Student will be responsible for notifying SMC about any errors or omissions respective to the Course Material as outlined in the Course syllabus.


3.3 SMC reserves the right to make variations to the content or methods of delivery or assessment of Courses, to discontinue, merge or combine Courses if such action is required by SMC.

Clause 4
Payments and Admission Procedures


4.1     In order to be considered for admission to the Course, an application form must be filled in by the students and returned to SMC.

4.2 The terms and dates of payment shall be as set forth in an invoice issued by SMC to the Student or in the payment deails of a payment provider (paypal, Worldpay)..[EK1]


4.3 Under no circumstances shall SMC be deemed to have received payment until payment has actually been received by SMC in full.


4.4 All payments done to the account of SMC shall be free of bank charges. All bank charges have to be undertaken by the Student. In case payments are not received in full due to but not limited to bank charges, the Student is obliged to pay the remainder of the outstanding payment in an additional transaction

4.5 Preliminary access to the Course Material including, without limitation, the SMC online Learning System shall only be provided by SMC upon confirmed reception of the Course fee.

4.6    SMC shall have the right to charge and receive a handling fee for late payment of 5% for outstanding dues not paid as per the terms set forth in the invoice issued by SMC to the Student unless SMC agrees, in writing, to postpone the date for such payment.

Clause 5
Termination


5.1 Termination by SMC

SMC reserves the right to terminate the contract, without obligation to refund any of the paid fees, in the following cases:


If Student is found guilty of plagiarism or serious academic misconduct in breach of SMC Student Regulations such as:


Academic Dishonesty
All forms of academic misconduct including but not limited to cheating, fabrication, plagiarism, or facilitating academic dishonesty.

Fabrication: is the falsification of any data used by students in any academic paper or document. This includes making up quotations, inventing data to suit the results wanted, omitting certain data to that is inconvenient to the experiment and also making up bibliographical references.

Plagiarism: is the theft of intellectual property belonging to another person and passing it off as one’s own work, or failing to cite the source of the original work properly. Examples of plagiarism are: handing in someone else’s work and passing it off as one’s own; copying ideas from other sources, without giving that source credit; giving incorrect information about the source or failing to use proper references; and using so many different ideas from other sources that the student barely uses any of their own work, whether it is properly referenced or not.

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 of any person by a student of SMC. 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 Courses or activities, or use of University facilities.

Course Material
Selling, preparing, or distributing course lecture notes or video or audio recordings of any course for any commercial purpose 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.

Appropriate student conduct
SMC will not tolerate any harassment of, or threatening conduct towards, students, staff or faculty of SMC. This includes e-mails or letters containing abusive or threatening language, as well as any false accusations intentionally made by a student against another student or a staff or faculty member, where the student knows the accusation to be false. Any negative comments or inappropriately aggressive behavior is not acceptable. Students must accept any constructive criticism given by faculty, fellow students or SMC staff members and must not react to it

Appropriate language
Faculty and staff members must be treated with respect at all times and students must reflect this in their general manner and tone of voice when addressing them. The authority of the faculty member must be recognized and other students must be treated in a courteous and appropriate manner.

  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 any paid fees.


Clause 6
Reservation of Title

6.1     The Course Material 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 Material and the SMC Online Learning System are either owned by or licensed to SMC.


6.2     All Course Material 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.


6.3     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 non- exclusive license to use and copy the Course Work for any purpose related to the Course.


Clause 7
Limitation of Liability

7.1.     The Services and Course offered by SMC do not constitute at any time the right of receiving a Certificate of Completion or ECTS credits unless all completion requirements of the Course are successfully met by the student.

7.2    SMC shall not be liable for any direct or indirect or consequential loss or damage whatsoever [EK2] which the student may suffer arising out of or in connection with this contract, if SMC is acting slightly negligent only.[DN3]

7.3     Whilst the students are encouraged to incorporate the best practices, strategies and/or any other approaches taught as part of the Course into their business activities, SMC expressly declares that the scope of this Contract is limited to the provision of educational content only and that SMC shall not be liable for any impact of this Course on development of specific businesses or opportunities. Should the Student or Student’s organization require specific consultancy services for their business, terms and conditions of any such services shall be governed by a separate contract.

7.4    SMC explicitly reserves the right to refuse to issue an Certificate of Completion for important reason such as in particular violation of public order, terrorism or criminal record of the attendee.

7.5     SMC declares that the completion of the Course and/or the respective Certificate of Completion do not constitute an award of an academic degree and as such, do not entitle the student to use them as official or academic title or designation.

Clause 8
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 Platform 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 purchases SMC’s  Services
* To continuously improve the quality of our Services, SMC requires certain minimal data (Student profile)
* SMC will always answer individual questions concerning the protection of personal data. Please send your questions or comments to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .


The Student expressly agrees to the collection, processing and use of personal data as described above.

Clause 9
Applicable Law and Place of Jurisdiction

This Contract shall be interpreted in all respects in accordance with the laws of
Switzerland. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is hereby expressly excluded.

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, Switzerland.

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