terms and conditions

General Terms and Conditions of Academic Gateway AG valid from 02.10.2023

I. Scope

1. These General Terms and Conditions (hereinafter referred to as General Terms and Conditions) apply to all contractual relationships of Academic Gateway AG (hereinafter referred to as Academic Gateway) with students (hereinafter referred to as both contracting parties) regarding academic learning courses of Academic Gateway. underage students are represented by their parents. 

2. Academic learning courses of the Academic Gateway are considered to be a high school diploma (full-time high school diploma, part-time high school, online high school diploma, short-term school), BMS (Health & full-time social affairs or part-time, business & services full-time or part-time, technology, architecture & life sciences full-time or part-time), passerelle (passerelle full-time) and other courses already or in the future, which are not expressly listed in the categories Matura, BMS, passerelle and preliminary courses (hereinafter referred to as each course and jointly courses). 

3. These terms and conditions are an integral part of any school contract. 

4. These General Terms and Conditions in their version, which are valid at the time in question, also apply to future offers, transactions and contracts with Academic Gateway without requiring any further reference to these GTC. With the placing of the order, the contracting party accepts these terms and conditions and their unconditional implementation. 

5. Other deviating agreements and ancillary agreements are only effective if they are expressly agreed in writing between Academic Gateway and the Contracting Party.

II. Registration and conclusion of the contract

1. Registrations can be made either at the headquarters of the Academic Gateway, by postal delivery or online with the corresponding Academic Gateway registration form.

2. The number of students is limited in each course. Registrations are taken into account in the order in which they were received by Academic Gateway. There is no right to admission.

3. The electronic registration form for all courses of the Academic Gateway constitutes a non-binding contract offer, unless expressly specified otherwise, and is therefore an invitation to submit offers (invitatio ad offerendum).

4. Conclusion of contract for Matura, passerelle courses and BMS:

4.1. A contract for Matura, passerelle courses and BMS is only concluded by signing the relevant contract document on both sides.

4.2. The conclusion of the contract is generally excluded without the execution of a personal audition and a placement test.

5. Conclusion of the contract for other courses: The unilateral registration for courses using the electronic registration form by the applicant represents a binding offer to conclude a contract. The contract is concluded by the written confirmation of the offer.

6. Conclusion of the contract on site: In this case, the contract is concluded by signing on both sides.

7. Right of withdrawal Academic Gateway reserves a right of withdrawal for the entire course program up to 7 days before the start of the course. In this case, school fees already paid will be fully refunded. Further claims of the contracting party, in particular claims for damages, are completely excluded.

8. Credit check Academic Gateway is entitled to carry out a credit check of the applicant before the conclusion of the contract. This applies in particular to contracts in which no second applicant co-signs the application.

III. Performances

1. The Contracting Party shall be offered careful, professional and purposeful instruction. Lessons are taught according to the course plan and to the extent of the course offer valid at the beginning of the training. The performance of the Academic Gateway is limited to the provision of lessons, there is no comprehensive support in the sense of a day care center.

2. A course offer generally has a number of course lessons specified by the Academic Gateway. Information provided in marketing and advertising documents or as part of personal consultations serves as guideline values and is not binding. The Academic Gateway reserves the right to include the number of course lessons and their time of implementation within the scope of the opening hours i.S.V. III./5 in accordance with the operational organizational requirements and for the provision of careful, professional and targeted teaching to change, adapt or otherwise redesign at any time.

3. The course of a course depends on the number of registrations. The Academic Gateway will inform the Contracting Party no later than 7 days before the scheduled start of the course, whether the course will be held on the agreed date.

4. The course lessons take place in the classrooms defined by the Academic Gateway. However, the Academic Gateway reserves the right to relocate the teaching location within the canton of Zurich if operational reasons require it. All claims of the contractual partner as a result of a change in the teaching location are excluded.

5. The course lessons generally take place from Monday to Saturday between 8:30 a.m. and 9:30 p.m. The Academic Gateway reserves the right to change timetables at any time.

6. In the event that a course lesson is canceled due to illness of the teacher’s body, the teacher, together with the contracting parties of the course lesson in question, agrees a catch-up date within the lesson according to III./5. The contracting parties have to be ready for this.

7. The Academic Gateway provides the Contracting Party with the learning materials used in the classroom, namely slides, sample solutions, summaries and worksheets, free of charge on the Academic Gateway’s e-learning platform. This learning material may not be passed on to third parties without the written consent of the Academic Gateway.

8. Individual courses/course lessons can be recorded as a podcast. The Academic Gateway alone decides which events are recorded. The Contracting Parties will be informed of the recording at the beginning of the course/learning course.

9. The Academic Gateway can create video, sound and film recordings of the Contracting Party as part of podcast recordings. These podcasts are made available to the contracting parties for their own use on the Academic Gateway e-learning platform for a limited time and password-protected. The contractual partner hereby gives his consent.

10. The rights to the podcasts belong to the Academic Gateway. It decides how the contracting parties are allowed to use the records. A dissemination in whatever form, in whole or in excerpts, is not permitted without the consent of the Academic Gateway and can be punished in a disciplinary and/or civil and/or criminal law.

11. As the owner of the intellectual property rights to podcasts, the Academic Gateway is entitled to exercise the (used and exploitation) rights associated with it. It respects the general right of personality of the contracting parties. The Contracting Party hereby takes note of this.

12. The Academic Gateway endeavors to record the individual events scheduled for podcast recordings without any problems and without any problems. Liability for defective or incomplete podcasts is excluded. The constant availability of the podcasts cannot be guaranteed. In the event that a podcast should be defective or incomplete, so the Contracting Party lacks the information necessary for its training, the teacher will provide the films processed in this event to the Contracting Parties after the event on the e-learning platform.

13. For individually agreed or booked courses or lessons marked by Academic Gateway (e.g. tutoring lessons), the following applies: For participation of such courses or lessons, a prior binding registration by the contracting party required. Cancellations are possible at the secretariat of the Academic Gateway no later than 2 days before the course or lesson by e-mail or by telephone free of charge. If a registration is not made within the scope of this period or if the Contracting Party does not appear on one of the individually agreed courses or teaching units, Academic Gateway is entitled to provide the Contracting Party with a reimbursement of CHF 100.00 per missed course or to charge the lesson. This compensation serves as a reasonable replacement for the expenses of the Academic Gateway that you incur for the organization of these courses.

IV. Resolving Conditional Payment Agreement

All installment payment agreements are conditional upon the occurrence of the delay with at least two consecutive installments by the Contracting Party. The full agreed school fee is due upon entry. Otherwise, the provisions of the respective installment payment agreement apply.

V. Invoicing and Payment Terms

1. With the conclusion of the contract for Matura, passerelle courses and BMS, a registration fee of CHF 500.00 is always due. This will be offset against the school fee or in the case of an installment payment agreement with the last installment.

2. If the contract is concluded more than 30 days before the start of the course, the full school fee or, in the case of contractually agreed installment payments, their first installment is to be paid by the 30th day before the start of the course due to a lack of conflicting agreement. If the contract is concluded 30 or less days before the start of the course, the full school fee or, in the case of contractually agreed installment payments, the first installment is due immediately. Any other installments are generally due by monthly invoices.

3. All payments are to be made by bank transfer to the accounts specified by Academic Gateway. In individual cases, the school management can allow other payment methods, in particular cash payment.

4. The Contracting Party shall be charged with all costs incurred by the default of payment. In particular, he owes a default interest of five percent and a reminder fee of CHF 25.00 for the
1. Reminder and CHF 200.00 for the 2nd reminder. With the issue of the 2nd reminder, Academic Gateway is entitled to exclude the defaulting contracting party from all its services until full payment of the amount owed and a resumption fee of CHF 500.

5. If the Contracting Party is in default with at least two installments, the full school fee is due.

6. Any examination fees for the Federal Matura examination or the direct entrance examination of the University of Zurich are not included in the school fees of the Academic Gateway, but are to be paid externally.

7. The school fees do not include the cost of teaching materials, namely stationery items and school books. The teaching materials are procured by the contracting party at their own expense. At the start of the course, the contractual partner will be informed about the required teaching material.

8. A refund of already paid or a reduction of school fees still to be paid for reasons not in debt by Academic Gateway is excluded.

VI Notice

1. The termination of the contract is possible at any time.

2. In any case, the termination must be sent to the school management by registered letter.

3. Termination by the contractual partner:

3.1. In principle, the full school fee remains due.

3.2. If a course is canceled, with the exception of individually agreed or booked courses, up to 30 days before the start of the course, the contracting party will be charged a processing fee of 10% of the school fees. Any amounts already paid will be refunded to him. If the course is terminated at a later date, VI./

3.1. application.

3.3. Special termination of the short high school: The course is automatically extended for the next school year, unless a notice of termination arrives at the Academic Gateway by April 30th or another last school day of the spring semester agreed otherwise. Later arriving terminations will only be taken into account for the following school year.

3.4. Special termination of the courses in self-study: Only courses that are carried out during self-study can be terminated by the semester, i.e. on January 31st or July 31st of each year. The costs for additional semesters are also eliminated.

4. Termination by Academic Gateway: The Academic Gateway is entitled to sign the contract upon a reference
i.s. to terminate their disciplinary, school and house rules or other internal regulations. In addition, the right of termination remains reserved if the maintenance of the school contract for the Academic Gateway is unreasonable.

VII. Warranty

1. The Academic Gateway guarantees the careful and professional provision of the lesson.

2. The Academic Gateway does not guarantee the success of the students in the internal and/or external (final) exams they are aiming for.

VIII. Liability

1. The liability of the Academic Gateway for slight to moderate negligence is excluded.

2. The liability of the Academic Gateway for auxiliary persons is excluded.

3. The Academic Gateway is not liable for the consequences of force majeure. If no lessons can take place at the agreed time, the Academic Gateway can make up for the lesson. There is no entitlement to a catch-up date.

4. Academic Gateway is not liable for damages arising in connection with a rejection of participation in courses i.S.V. II./2.

5. The Academic Gateway does not compensate for the contracting party’s prevention of the catch-up date for a failed course lesson.

6. Academic Gateway is not liable for loss or theft of items brought or deposited.

IX. Liability and Accident Insurance
The conclusion of a liability and accident insurance is the responsibility of the contracting party. In particular, the parents must be concerned about this for the protection of underage.

X. Address changes
The Academic Gateway must be notified immediately of any changes to the address of the Contracting Party. The reasonable additional costs for Academic Gateway incurred by the failed communication may be charged to the Contracting Party in any event.

XI. Transfer
Without the express written consent of Academic Gateway, any transfer of rights and/or obligations from the school contract to third parties is not permitted.

XII. Privacy
All data will be treated confidentially by the Academic Gateway and will, in principle, only be used for the careful fulfillment of the debt contract. Otherwise, the data protection declaration of the Academic Gateway applies. The Contracting Party authorizes the Academic Gateway, the Party 2 (co-signer), to inspect the school-related data of the Contracting Party, in particular grades of hard learning controls, results of the feedback talks and absences.

XIII.&'Just jurisdiction and applicable law
For disputes arising from the school contract, the contracting party and the Academic Gateway determine Zurich as the exclusive place of jurisdiction. These terms and conditions and all school contracts to which this terms and conditions apply are subject to Swiss law.

XIV. final provisions

1. These terms and conditions are supplemented by the disciplinary, school and house rules. Any newly added internal regulations will be communicated to the Contracting Party at an early stage and shall be deemed to have been accepted by the Contracting Party unless they relate to the content of these GTC and the school contract.

2. Should individual provisions be or become invalid, this shall not affect the validity of the remaining provisions. Those who come closest to the economic purpose of the school contract are replaced by the invalid provision.

3. Academic Gateway reserves the right to change these GTC at any time and to declare the amended provisions applicable to existing legal relationships. Changes that are disadvantageous for the contracting party require their consent to be valid