General Terms and Conditions

of

University of St.Gallen, Institute of Insurance Economics,
St.Gallen, Switzerland («I.VW-HSG»)

regarding Open Executive Education Programmes

 

  1. Scope
    1. These General Terms and Conditions (the «General Terms») are applicable to all agreements between I.VW-HSG and the respective customer (the «Customer») in accordance with paragraph 3.1. below (an «Agreement»).
    2. These General Terms apply exclusively in combination with an Agreement. Any General Terms and Conditions of the Customer shall only apply if they have been accepted by I.VW-HSG explicitly in writing.
  1. Subject matter
    1. I.VW-HSG offers professional Open Executive Education Programmes for Customers in Switzerland and abroad.
    2. Within the framework of the CAS and DAS Programmes, the teaching and training units are supplemented by coaching the participants through the I.VW-HSG, which not only improves the learning effect but also promotes the social competence and personality development of the participants.
    3. In addition to coaching and trainings, seminar papers and diploma theses serve to answer a fundamental question of the customer and to provide solutions (e.g. a training concept of a corporate academy).
    4. Transfer of knowledge and coaching are performed by the members of the faculty of the University of St.Gallen. If I.VW-HSG considers it to be necessary, it will also involve external lecturers.
    5. An Agreement will define which services (concepts, coaching, seminars) will be performed by I.VW-HSG to a specific Customer.
  1. Agreements
    1. A contract is concluded upon the signing of a written contract stating the details of an Executive Education offer.
    2. An email is considered a written document.
  1. Pricing
    1. Unless explicitly stipulated otherwise in the individual contract, the price for the services of the I.VW-HSG agreed in the individual contract represents a net price. Any applicable tax is payable in addition to the net price.
    2. Unless explicitly agreed upon otherwise in an Agreement, the price includes:
      • The costs for the documentation and the lunches;
      • Costs for the renting of premises in which the seminars are held as well as the use of any technical infrastructure.
    3. Unless explicitly agreed upon otherwise in an Agreement, the price does not include:
      • Costs for accommodation, parking, and travel expenses of the participants;
      • Costs arising in connection with leisure activities of participants or social events.
    4. Unless specified otherwise in the individual contract, the invoice is due upon final registration of the participant and must be paid in full by the beginning of the seminar.Payments shall be made to the following bank account of I.VW-HSG:

      Bank: acrevis Bank AG
      Address: Marktplatz 1, 9004 St.Gallen
      Clearing: 6900
      Account No: 160.089.250.05
      IBAN: CH27 0690 0016 0089 2500 5
      SWIFT/BIC: ACRGCH22
      To the account of: Institute of Insurance Economics I.VW-HSG, Tannenstrasse 19, 9000 St.Gallen

    5. In case of termination of the Agreement by the Customer until 3 months before the start of the seminar, no costs will be charged. Thereafter, 20% of the amount will be charged up to 30 days before the start of the seminar. If the participation is canceled between 30 and 15 days before the start, 50% of the price is due, in case of any later termination the entire price, plus any taxes in accordance with paragraph 4.1, shall be payable.
      The customer has the right at all times, should a participant for some reason be prevented at short notice, to delegate a suitable other person in the Programme. In this case, no cancellation is owed.
  1. Termination of an Agreement
    1. In case of severe causes which make the continuation of a contractual relationship under an Agreement unacceptable for a party, such party shall be entitled to terminate the Agreement by written notice.
    2. In case of a termination of an Agreement by I.VW-HSG, I.VW-HSG will repay to the Customer any payments already received, unless the termination was made by I.VW-HSG due to a breach of the Agreement by the Customer. I.VW-HSG shall not be subject to any further obligations resulting from the termination of the Agreement. The financial consequences of a termination by a Customer are defined in paragraph 4.5 above.
  1. Liability
    1. I.VW-HSG shall be liable for a due and careful organisation, planning and implementation of a seminar or coaching in accordance with current management doctrine.
    2. The liability of I.VW-HSG shall be limited to cases of gross negligence or wilful misconduct.
    3. The services rendered by the I.VW-HSG under these General Terms and/or an Agreement do not qualify as consultancy services. Therefore, I.VW-HSG shall not be liable for any damages directly or indirectly resulting from the specific implementation in practice by Participants, the Customer or any of its employees of any content or knowledge transferred under or in connection with an Agreement.
    4. The liability of I.VW-HSG shall in any event be limited to 50% of the Prices in accordance with paragraph 4.1.
  1. Intellectual property
    1. Copyrights for any documentation handed over to a Customer, its employees participants (the «Copyrights») shall remain with I.VW-HSG or the respective lecturer, as the case may be.
    2. The use of the Copyrights for internal purposes of the Customer shall be permitted. Any further use of the documentation shall require a separate agreement between the Customer and the respective owner of the Copyrights.
  1. Confidentiality and data protection
    1. I.VW-HSG guarantees to keep confidential all confidential information and data regarding the Customer, participants and the Customer’s employees of which it becomes aware in connection with the rendering of services under an Agreement.
    2. General findings resulting from the collaboration of the parties under an Agreement may be used freely by I.VW-HSG and the lecturers.
    3. Address data of the Customer and its employees and participants may be used by I.VW-HSG for purposes of providing information regarding future offers in the field of professional development.
    4. By registering for a seminar or an event organised and carried out by the I.VW-HSG, the person registering agrees to the Data Protection Regulation of the I.VW-HSG.
    5. Any further use of confidential information and personal data by I.VW-HSG shall require the prior written consent of the Customer.
  1. Miscellaneous
    1. If any provision of these General Terms or an Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, this shall not affect or impair the validity or enforceability in that jurisdiction of any other provision of these General Terms or the Agreement and the illegal or invalid or unenforceable provision shall be interpreted as or replaced by another provision reflecting as closely as possible the original intention of the parties and the commercial purpose of the respective provision.
    2. I.VW-HSG is entitled to amend these General Terms at any time. Regarding an Agreement, the version of the General Terms applicable at the date of the Agreement shall apply.
    3. These General Terms as well as each Agreement shall be subject to Swiss law, excluding the conflict of law provisions. Any dispute arising out of or in connection with these General Term or an Agreement shall be subject to the exclusive jurisdiction of the ordinary courts in St.Gallen.

 

St.Gallen, 25th September 2018

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