General Terms and Conditions of Academic Gateway AG, valid from 15.03.2021
1. These General Terms and Conditions (hereinafter referred to as GTC) apply to all contractual relationships of Academic Gateway AG (hereinafter referred to as Academic Gateway) with students (hereinafter each referred to as the Contracting Party) regarding Academic Gateway academic learning Courses.
2. Academic Gateway's academic learning Courses are Matura (Matura full-time, Matura part-time, Online Matura Preparatory Year), BMS (Health & Social full-time or part-time, Business & Services full-time or part-time), Passerelle (Passerelle full-time) and other Courses already offered or to be offered in the future that do not explicitly fall under the categories of Matura, BMS, Passerelle and Preliminary Courses (hereinafter each referred to as Course and together as Courses).
3. These GTC are an integral part of every school contract.
4. These GTC in the version valid at the relevant time shall also apply to future offers, transactions and contracts with Academic Gateway without the need for a renewed reference to these GTC. By placing an order, the Contracting Party acknowledges these GTC and their unconditional implementation.
5. Other deviating agreements and ancillary agreements shall only be effective if they are expressly agreed in writing between Academic Gateway and the Contracting Party.
II. Registration and conclusion of contract
1. Registrations can be made either at Academic Gateway headquarters, by postal delivery or online using the appropriate Academic Gateway registration form.
2. The number of students is limited in each Course. Applications are considered in the order in which they are received by Academic Gateway. There is no entitlement to admission.
3. The electronic registration form for all Academic Gateway Courses constitutes a non-binding contractual offer, i.e. an invitation to submit offers (invitatio ad offerendum), unless expressly stated otherwise.
4. Conclusion of contract for Matura-, Passerelle Courses and BMS:
4.1 A contract for Matura-, Passerelle Courses and BMS is only concluded by both parties signing the corresponding contract document.
4.2 Without a personal interview and a placement test, the conclusion of a contract is generally excluded.
5. Conclusion of contract for other Courses:
The unilateral registration for Courses using the electronic registration form by the applicant constitutes a binding offer to conclude a contract. The contract is concluded by the written contract confirmation of the offer.
6. Conclusion of contract on site:
In this case, the contract is concluded by mutual signature.
7. Right of withdrawal
Academic Gateway reserves the right to withdraw from the entire Course programme up to 7 days before the start of the Course. In this case, any tuition fees already paid will be refunded in full. Further claims by the Contracting Party, in particular claims for damages, are excluded in their entirety.
8. Credit check
Academic Gateway is entitled to carry out a credit check on the applicant before concluding the contract. This applies in particular to contracts in which no second applicant co-signs the application.
1. The Contracting Party shall be provided with careful, professional, and targeted instruction. Instruction shall take place in accordance with the Course plan and to the extent of the Course offer valid at the beginning of the training.
2. In principle, a Course offer has a number of Course lessons determined by Academic Gateway. Details given in marketing and advertising material or in the Course of personal consultations serve as a guideline and are not binding. Academic Gateway reserves the right to change, adapt or otherwise alter the number of Course lessons and the time at which they are held at any time within the framework of opening hours as defined in III./5 in accordance with the organisational requirements of the company and in order to provide careful, professional and targeted teaching.
3. The implementation of a Course depends on the number of registrations. Academic Gateway will inform the Contracting Party at the latest 7 days before the planned start of the Course whether the Course will be held on the agreed date.
4. The Course lessons take place in the school premises specified by Academic Gateway. However, Academic Gateway reserves the right to change the teaching location within the Canton of Zurich if operational reasons so require. All claims of the contractual partner as a result of a change in the teaching location are excluded.
5. Course lessons are generally held from Monday to Saturday between 8.30 am and 9.30 pm. Academic Gateway reserves the right to change timetables at any time.
6. In the event that a Course lesson is cancelled due to illness of the teaching staff, the teacher shall agree together with the contracting parties of the Course lesson concerned on a make-up date within the lesson times according to III./5. The contracting parties shall be ready for this.
7. Academic Gateway makes the learning materials used in class, namely slides, sample solutions, summaries and worksheets, available to the Contracting Party for download free of charge on Academic Gateway's e-learning platform. This learning material may not be passed on to third parties without the written consent of Academic Gateway.
8. Individual Courses/Course lessons can be recorded as podcasts. Academic Gateway alone decides which events are recorded. The recording will be announced to the contracting parties at the beginning of the Course/lesson.
9. Academic Gateway may create image, sound and film recordings of the Contracting Party within the scope of podcast recordings. These podcasts shall be made available to the contracting parties for a limited period of time and password-protected on the e-learning platform of Academic Gateway for their own use in school. The Contracting Party hereby gives its consent to this.
10. The rights to the podcasts belong to Academic Gateway. It decides how the contracting parties may use the recordings. Redistribution in any form, in whole or in part, without the consent of Academic Gateway is not permitted and may be subject to disciplinary and/or civil and/or criminal penalties.
11. As the owner of the intellectual property rights to podcasts, Academic Gateway is entitled to exercise the associated (rights of use and exploitation) rights. In doing so, it respects the general personal rights of the contracting parties. The Contracting Party hereby acknowledges this.
12. Academic Gateway endeavours to record the individual events intended for podcast recordings without disruptions and in their entirety. Liability for defective or incomplete podcasts is excluded. The continuous availability of the podcasts cannot be guaranteed. In the event that a podcast should be defective or incomplete so that the Contracting Party lacks information necessary for its training, the teacher shall make the slides processed in this event available to the contracting parties on the e-learning platform after the event.
13. For individually agreed or booked Courses or lessons marked by Academic Gateway with compulsory attendance (e.g. tutoring lessons), the following applies:
For participation in such Courses or lessons, prior binding registration by the Contracting Party is required. Cancellations can be made free of charge to the Academic Gateway secretary's office by e-mail or telephone no later than 2 days before the Course or lesson date. If a cancellation is not made within this period or if the Contracting Party does not appear at one of the individually agreed Courses or lesson units, Academic Gateway is entitled to charge the Contracting Party a handling fee of CHF 100.00 per missed Course or lesson unit. This compensation shall serve as reasonable compensation for the expenses incurred by Academic Gateway in organising these Courses.
IV. Conditional payment by instalments agreement
All instalment payment agreements are resolutive conditional upon the occurrence of default with at least two consecutive instalments by the Contracting Party. Upon the occurrence of the condition, the full agreed school fee shall become due. In all other respects, the provisions of the respective instalment payment agreement shall apply.
V. Invoicing and terms of payment
1. Upon conclusion of the contract for Matura-, Passerelle Courses and BMS, a registration fee of CHF 500.00 is always due. This is charged with the school fee or, in the case of an instalment agreement, with the last instalment.
2. If the contract is concluded more than 30 days before the start of the Course, the full tuition fee or, in the case of contractually agreed payment by instalments, the first instalment thereof must be paid by the 30th day before the start of the Course, unless otherwise agreed. If the contract is concluded 30 days or less before the start of the Course, the full tuition fee or, in the case of contractually agreed payment by instalments, the first instalment is due immediately. Any further instalments are generally due in the form of 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 may allow other methods of payment, in particular cash payment.
4. The Contracting Party shall be charged all costs arising from the delay in payment. In particular, he shall owe a default interest of five percent as well as a reminder fee of CHF 25.00 for the 1st reminder and CHF 200.00 for the 2nd reminder. Upon issuance of the 2nd reminder, Academic Gateway shall be entitled to exclude the defaulting Contracting Party from all its services until full payment of the amount owed as well as a reinstatement fee of CHF 500.
5. Should the Contracting Party be in arrears with at least two instalments, the full school fee will be due.
6. Any examination fees for the Federal Maturity Examination or the direct entrance examination of the University of Zurich are not included in the Academic Gateway school fees but must be paid externally.
7. The school fees do not include the costs of teaching materials, namely stationery items and schoolbooks. The teaching materials shall be procured by the Contracting Party at its own expense. At the start of the Course, the Contracting Party shall be informed of the teaching materials required.
8. A refund of tuition fees already paid or a reduction of tuition fees still to be paid for reasons for which Academic Gateway is not responsible is excluded.
1. The contract can be terminated at any time.
2. In any case, notice of termination must be sent by registered letter to the school management.
3. Termination by the Contracting Party:
3.1. In principle, the full school fee remains owed.
3.2. In the event of cancellation of a Course, 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 amounting to 10% of the school fees. Any amounts paid in excess of this will be refunded. If the Course is cancelled at a later date, VI./3.1. shall apply.
4. Termination by Academic Gateway:
Academic Gateway is entitled to terminate the contract in the event of a reprimand within the meaning of its disciplinary, school and house rules or other internal regulations. Academic Gateway also reserves the right to terminate the contract if it is unreasonable for Academic Gateway to maintain the school contract.
1. Academic Gateway assures the careful and professional delivery of the lessons.
2. Academic Gateway does not guarantee students' success in the internal and/or external (final) examinations they are aiming for.
1. The liability of Academic Gateway for slight to medium negligence is excluded.
2. The liability of Academic Gateway for auxiliary persons is excluded.
3. Academic Gateway is not liable for the consequences of force majeure. If, as a result of this, no lessons can take place at the agreed time, Academic Gateway can make up the lessons. There is no entitlement to a chatch-up date.
4. Academic Gateway shall not be liable for any damages arising in connection with a refusal to participate in Courses as defined in II./2.
5. Academic Gateway does not compensate for the Contracting Party's inability to attend the make-up date for a cancelled 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 liability and accident insurance is the responsibility of the Contracting Party.
X. Change of address
Academic Gateway must be notified immediately of any change of address of the Contracting Party. The reasonable additional costs incurred by Academic Gateway due to failure to notify may otherwise be charged to the Contracting Party.
Without the express written consent of Academic Gateway, any transfer of rights and/or obligations arising from the school contract to third parties is not permitted.
XII. Data protection
XIII. Jurisdiction and applicable law
For disputes arising from the school contract, the Contracting Party and Academic Gateway designate Zurich as the exclusive place of jurisdiction. These GTC and all school contracts to which these GTC apply are governed by Swiss law.
XIV. Final provisions
1. These GTC are supplemented by the disciplinary, school and house rules. The Contracting Party shall be informed in due time of any new internal regulations that may be added and shall be deemed to have been accepted by the Contracting Party insofar as they do not affect 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. The invalid provision shall be replaced by a provision which comes closest to the economic purpose of the school contract.
3. Academic Gateway reserves the right to amend these GTC at any time and to declare the amended provisions applicable to existing legal relationships. Amendments detrimental to the Contracting Party shall require its consent in order to be valid.
4. The German version of these GTC is authoritative for the interpretation of the provisions stated herein. In case of any discrepancy or inconsistency between the German version and its English translation, the German version of these GTC shall always prevail.