Terms and Conditions
General Terms and Conditions of Academic Gateway AG valid from 02.10.2023
I. Scope of Application
- These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contractual relationships between Academic Gateway AG (hereinafter referred to as “Academic Gateway”) and students (hereinafter individually referred to as “Contracting Party”) with regard to academic teaching services provided by Academic Gateway. Minors are represented by their parents or legal guardians.
- The academic programmes offered by Academic Gateway include the Matura (Full-time Matura, Part-time Matura, Professional Matura, Online Matura, Intensive Courses), BMS (Health & Social Studies, Business & Services, Technology, Architecture & Life Sciences – full-time or part-time), Passerelle (Passerelle Programme), the IB Diploma Programme (IBDP), as well as all current or future courses, unless explicitly excluded from the categories Matura, BMS, Passerelle, and preparatory courses (hereinafter collectively referred to as “Courses”).
- These GTC constitute an integral part of every school contract with Academic Gateway.
- These GTC are valid in their version applicable at the time of the conclusion of the contract and apply to all future offers, transactions, and agreements with Academic Gateway, unless a new version of the GTC is issued. Academic Gateway reserves the right to unilaterally amend the GTC and to implement such amendments subject to notification to the Contracting Party.
- Any deviating agreements or ancillary arrangements shall only be valid if expressly agreed upon in writing between Academic Gateway and the Contracting Party.
II. Registration and Contract Conclusion
- Registration may take place either in person at the premises of Academic Gateway, by postal submission, or online using the corresponding Academic Gateway registration form.
- The number of students per course is limited. Registrations are processed in the order of receipt. There is no entitlement to admission.
- The electronic registration form for all courses of Academic Gateway is valid only if it is fully completed and correct. It constitutes a binding contractual offer but does not represent a binding offer to conclude a contract (invitatio ad offerendum)
- Conclusion of Contract for Core Programmes:
4.1. Core programmes include all courses leading to the Matura, Passerelle, and BMS qualifications.
4.2. A contract for a core programme is concluded only through mutual signature of the respective contract documents.
4.3. The conclusion of a contract without an in-person meeting is generally excluded for core programmes.
- Contract conclusion for other courses:
5.1. A contract for any other course is concluded through mutual signature of the respective contract documents.
5.2. The conclusion of a contract without an in-person meeting is generally possible.
- Contract conclusion via electronic registration form: The registration for courses via the electronic registration form constitutes a legally binding contractual offer by the applicant. The contract is concluded upon written confirmation of acceptance by Academic Gateway.
- On-site contract conclusion: In this case, the contract is concluded by mutual signature of the contract documents.
- Right of withdrawal: Academic Gateway grants a right of withdrawal from the entire course programme up to 7 days before the course begins. Course fees already paid will be fully refunded. Further claims by the contracting party, especially compensation for damages, are excluded.
- Credit check: Academic Gateway reserves the right to perform a credit check of the applicant prior to entering a contract. This also applies to minors, in which case the legal representative must sign as well.
- Course change:
10.1. A course change after the start of a semester is generally not permitted and only possible through a contractual amendment with cost implications. A processing fee of CHF 500.00 will be charged per change request.
10.2. A change of programme or specialisation within the core programmes (e.g. Matura, BMS) is possible only by means of a written agreement and may result in an additional fee. A refund of the difference is excluded.
III. Services
- The Contracting Party shall receive careful, professional, and goal-oriented instruction. Instruction is provided in accordance with the course schedule and the scope defined by the valid course catalogue at the start of the training. Academic Gateway’s services are limited to the provision of instruction. It does not include any type of supervised care in the sense of a full-day programme.
- A course offer generally consists of the number of lessons defined in advance by Academic Gateway. This information may also be communicated in marketing and promotional materials, but it is not binding. Orientation is given during personal counselling sessions, but these are also non-binding. Academic Gateway reserves the right to adjust the number of lessons and the duration of delivery within the opening hours (see section II./5) in accordance with operational and organisational requirements and to adapt or implement these accordingly, at any time and without prior notice.
- The implementation of a course depends on the number of registrations. Academic Gateway shall inform the Contracting Party no later than 7 days before the scheduled course starts whether the course will take place on the agreed date.
- Lessons are held at the locations and on the schooldays specified by Academic Gateway. Academic Gateway reserves the right to relocate instruction within the Canton of Zurich if required for operational reasons. All claims by the Contracting Party resulting from a change of the teaching location are excluded.
- Lessons generally take place from Monday to Saturday between 8:30 a.m. and 9:30 p.m. Academic Gateway reserves the right to change lesson times at any time.
- If a lesson cannot be held due to illness of the teaching staff, Academic Gateway will inform the Contracting Party in a timely manner and arrange a make-up session within the teaching period as defined under section III./5. The contracting parties acknowledge that no further compensation claims shall arise in this regard.
- Academic Gateway provides the Contracting Party with commonly used course materials (including slides, handouts, summaries, and worksheets) free of charge via the E-Learning Platform of Academic Gateway for download. This material may not be shared without prior written consent from Academic Gateway.
- Individual courses or lessons may be recorded as podcasts. Academic Gateway determines which sessions are to be recorded. The Contracting Parties will be informed of any recording before the start of the course/lesson.
- Academic Gateway may record image, sound, and video material of the Contracting Party for the purpose of internal podcast production. These podcasts will be made available to the Contracting Parties for personal academic use on the E-Learning Platform of Academic Gateway in a limited, password-protected format. The Contracting Party hereby gives their consent.
- All rights to the podcasts remain with Academic Gateway. Academic Gateway decides how these recordings may be used by the Contracting Parties. Any form of redistribution, including excerpts, is not permitted without express consent and may result in disciplinary and/or civil and/or criminal prosecution.
- As the holder of all intellectual property rights to the podcasts, Academic Gateway is entitled to exercise the associated usage and exploitation rights. In doing so, Academic Gateway respects the general personal rights of the Contracting Parties.
The Contracting Party hereby acknowledges this. - Academic Gateway strives to record each session designated for podcast recording without disruption and in its entirety. However, any liability for defective or incomplete podcasts is excluded. Continuous availability of the podcasts cannot be guaranteed. In the event that a podcast is defective or incomplete and essential information required for the Contracting Party’s education is missing as a result, the teacher will provide the relevant slides from that session to the Contracting Parties via the E-Learning Platform after the session.
For individually arranged or booked courses or lessons marked by Academic Gateway as requiring compulsory attendance, the following applies:
Participation in such courses or lessons requires prior binding registration by the Contracting Party. Cancellations are possible free of charge if submitted to the Academic Gateway office by email or telephone no later than 2 days before the scheduled course or lesson.
If cancellation does not occur within this period or if the Contracting Party fails to attend an individually arranged course or lesson, Academic Gateway is entitled to charge the Contracting Party an administrative fee of CHF 100.00 per missed course or lesson.
This fee serves as reasonable compensation for the organisational costs incurred by Academic Gateway in connection with such courses.
IV. Resolutory Condition in Instalment Agreements
All instalment payment agreements are subject to a resolutory condition: if the Contracting Party defaults on at least two consecutive instalments, the agreement shall be deemed terminated. Upon occurrence of this condition, the full agreed tuition fee becomes immediately due and payable.
In all other respects, the provisions of the respective instalment payment agreement shall apply.
V. Invoicing and Payment Terms
- Upon conclusion of the contract for core programmes as defined in Art. II/4, a non-refundable enrolment fee of CHF 500.00 becomes due. This amount will be credited against the tuition fee or, in the case of an instalment payment agreement, offset against the final instalment.
- If the contract is concluded more than 30 days prior to the start of the course, the full tuition fee, or in the case of a contractually agreed instalment plan, the first instalment, shall be paid no later than the 30th day before the course begins, unless otherwise agreed. If the contract is concluded 30 days or fewer before the course begins, the full tuition fee or, where applicable, the first instalment shall be due immediately. Any subsequent instalments are generally invoiced on a monthly basis.
- All payments must be made by bank transfer to the accounts specified by Academic Gateway. In exceptional cases, the school management may permit alternative methods of payment, in particular cash payment.
- The Contracting Party shall bear all costs incurred as a result of delayed payment. In particular, default interest of five percent per annum is payable, along with a reminder fee of CHF 25.00 for the first reminder and CHF 200.00 for the second reminder. Upon issuance of the second reminder, Academic Gateway is entitled to exclude the defaulting Contracting Party from all services until full payment of the outstanding amount and a re-admission fee of CHF 500.00 has been made.
- If the Contracting Party is in default with at least two instalments, the entire tuition fee becomes immediately due and payable.
- Any examination fees for federal exams, language tests, or entrance exams to higher education institutions are not included in the tuition fees charged by Academic Gateway and must be paid separately to the relevant external institutions.
- The tuition fees do not include the costs of teaching materials, in particular stationery and textbooks, as well as school excursions held during or outside of regular school hours. Teaching materials must be procured by the Contracting Party at their own expense. At the beginning of the course, the Contracting Party will be informed about the required materials.
VI. Termination
- The contract may be terminated at any time.
- Termination must in all cases be submitted by registered letter addressed to the school management.
- In principle, the full tuition fee remains payable. Reimbursement of already paid or reduction of outstanding tuition fees for reasons not attributable to Academic Gateway is excluded.
- Termination by the Contracting Party:
- In the case of termination of a course—excluding individually arranged or booked courses—up to 30 days before the course begins, a processing fee of 10% of the tuition fees will be charged to the Contracting Party. Any additional amounts already paid will be refunded. For later cancellations, section VI./3 applies.
- Special termination rule for the two-year full-time programme: The course is automatically extended for the next academic year unless notice of termination is received by Academic Gateway no later than 30 April or another mutually agreed final school day of the spring semester. Terminations received after this deadline will not be considered.
Special termination rule for self-study programmes: Only programmes conducted in self-study mode may be terminated on a semester-by-semester basis, i.e., by 31 January or 31 July of each year. In such cases, the fees for additional semesters are waived.
- Termination by Academic Gateway:
Academic Gateway is entitled to terminate the contract in the event of a disciplinary expulsion in accordance with its disciplinary, school, and house rules or other internal regulations. Academic Gateway also reserves the right to terminate the contract if continuation is deemed unreasonable for the school. In the event of termination by Academic Gateway, reimbursement of already paid tuition fees is excluded. Any outstanding tuition fees may still be claimed.
VII. Warranty
- Academic Gateway assures the careful and professional delivery of instruction.
- Academic Gateway does not guarantee the success of students in the intended internal and/or external (final) examinations.
VIII. Liability
- Academic Gateway disclaims liability for minor to moderate negligence.
- Academic Gateway disclaims liability for auxiliary persons.
- Academic Gateway shall not be held liable for the consequences of force majeure. If instruction cannot take place at the agreed time due to such circumstances, Academic Gateway may reschedule the session. There is no entitlement to a make-up date.
- Academic Gateway shall not be liable for any damages arising in connection with a refusal of participation in courses pursuant to section II./2.
- Academic Gateway shall not provide compensation if the Contracting Party is unable to attend a make-up session for a missed course.
- Academic Gateway shall not be liable for the loss or theft of personal belongings brought or deposited on the premises.
- Third-Party Liability and Accident Insurance
The Contracting Party is solely responsible for obtaining third-party liability and accident insurance coverage. In particular, parents must ensure adequate coverage for minors.
- Change of Address
Changes to the Contracting Party’s address must be reported to Academic Gateway without delay. Any reasonable additional costs incurred by Academic Gateway due to a failure to report such changes may be charged to the Contracting Party.
- Assignment
Any assignment of rights and/or obligations under the school contract to third parties is not permitted without the express written consent of Academic Gateway.
XII. Data Protection
All data will be treated confidentially by Academic Gateway and used exclusively for the proper performance of the school contract. In all other respects, the Academic Gateway Privacy Policy applies. The Contracting Party hereby authorises Academic Gateway to grant Contracting Party 2 (co-signee) access to the Contracting Party’s school-related data, in particular grades from major assessments, results of feedback meetings, and records of absences.
XIII. Jurisdiction and Applicable Law
For disputes arising from the school contract, the Contracting Party and Academic Gateway agree to Zurich as the exclusive place of jurisdiction. These General Terms and Conditions, as well as all school contracts to which they apply, are governed by Swiss law.
XIV. Final Provisions
- For participants of on-site or hybrid programmes, these General Terms and Conditions are supplemented by the Disciplinary Regulations as well as the School and House Rules. For participants of purely online or self-study programmes, no additional provisions apply beyond these General Terms and Conditions.
- Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected. Invalid provisions shall be replaced by those that most closely reflect the economic purpose of the school contract.
- Academic Gateway reserves the right to amend these General Terms and Conditions at any time and to apply the amended provisions to existing legal relationships. Amendments that are disadvantageous to the Contracting Party require their express consent in order to be valid.
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