General Terms and Conditions of the SEI Swiss Engineering Institute | SEI - Swiss Engineering Institute

General Terms and Conditions of the SEI Swiss Engineering Institute

These General Terms and Conditions apply to every offer of the Swiss Engineering Institute (hereinafter 'SEI'). Validity: from March 2016.

1. General principles / scope of application

1.1

These General Terms and Conditions apply exclusively to all legal transactions between the client and SEI. The version valid at the time of the conclusion of the contract is decisive in each case. 

1.2

These General Terms and Conditions shall also apply to all future contractual relationships, even if no express reference is made to them in additional contracts.

1.3

Conflicting general terms and conditions of the client are invalid unless they are expressly accepted by SEI in writing.

1.4

In the event that individual provisions of these General Terms and Conditions should be and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision which comes as close as possible to its meaning and economic purpose

2. Type and scope of the consulting assignment / representation

2.1

The scope of a specific consulting assignment is contractually agreed in each individual case.

2.2

SEI is entitled to have the tasks incumbent upon it performed in whole or in part by third parties. Payment of the third party shall be made exclusively by SEI itself. No direct contractual relationship of any kind whatsoever shall arise between the third party and the client.

2.3

The client undertakes not to enter into any kind of business relationship whatsoever with persons or companies used by SEI to fulfil its contractual obligations during and up to 24 months after termination of this contractual relationship. In particular, the client will not commission these persons or companies to carry out such or similar consulting services as are also offered by SEI.

2.4

The consulting contract does not include costs for accommodation, food, mobility, copies and the like. The course fees shall remain unchanged for the duration of the event. These are to be paid by the client.

3. Placing of orders

3.1

An order shall be deemed to have been placed if:

3.1.1 a written order confirmation or a written appointment has been issued.

3.1.2 a verbal appointment has been made if it is clear from the circumstances that the client was willing to receive the service in question on the scheduled date or if it was apparent to them that SEI had reserved the relevant dates and resources.

3.1.3 an outline offer or outline order confirmation is available and further steps are regulated in separate plans (e.g. project plans). The deadlines, non-scheduled working days or other resources reserved in accordance with the valid project plan shall be deemed to be orders placed.

3.1.4 a written offer is available and SEI has started work with the apparent consent of the client.

4. Cancellation of orders by the client

4.1

If the client withdraws prematurely from their order, they must pay the expenses already incurred.

4.2

Withdrawal can be made in writing (by e-mail, fax or post) and will be confirmed by SEI.

4.3

In addition, they owe SEI compensation for lost revenues, the amount of which depends on the time of withdrawal. This compensation shall be due regardless of whether SEI succeeds in obtaining another order for the time in question.1.1In addition, they owe SEI compensation for lost revenues, the amount of which depends on the time of withdrawal. This compensation shall be due regardless of whether SEI succeeds in obtaining another order for the time in question.

4.4

With a contract definition pursuant to 3.1.3, the volume of the contract subject to compensation shall be deemed to be everything planned two months after the date of completion of the order in accordance with existing plans or as otherwise provided for.

4.5

If the order is placed 4 months (120 calendar days) or longer before the defined start date of the order, the following payments are due:

4.5.1  0% for cancellations up to 91 calendar days in advance

4.5.2  50% for cancellations 61 to 90 calendar days in advance

4.5.3 75% for cancellations 31 to 60 calendar days in advance

4.5.4  100% for cancellation 30 or less calendar days in advance

4.6

If the order is placed less than 4 months (less than 120 calendar days) before the defined start date of the order, the following payments are due:

4.6.1  0% for cancellations up to 61 calendar days in advance

4.6.2  50% for cancellations 31 to 60 calendar days in advance

4.6.3  75% for cancellations 14 to 30 calendar days in advance

4.6.4  100% in case of cancellation 13 or less calendar days in advance

4.7

The policies pursuant to 4.5 or 4.6 also apply if SEI is unable to execute an order because the customer has not performed services or has not fulfilled conditions which would have been their task (e.g. seminar participants are not present or not present in sufficient numbers to enable execution of the seminar in the originally intended manner).

4.8

If it is possible to agree on an alternative date for performance within two months, the payments pursuant to 4.5 or 4.6 shall not apply. Payments made may be offset against a similar order if it is placed within two months of the cancelled order.

5. Cancellation of individual participants

5.1

The withdrawal of the registration of individual participants can take place in writing (by email, fax or post). Cancellation will be confirmed by SEI.

5.2

If the participant registers one month (31 days) or longer before the defined start date of the order, the following payments are due:

5.2.1  0% for cancellations up to 31 calendar days in advance

5.2.2  100% in case of cancellation 30 or less calendar days in advance

5.3

If a substitute is available for a participant unable to attend, no cancellation costs will be charged.

5.4

If participants do not take part in the course (dropout, non-participation), the entire fee is due. No discounts are granted and no fees are refunded.

6. Decision on the implementation of the consulting contract

6.1

All educational assignments (training, consulting, events, etc.) are subject to the condition that a sufficient number of participants can be recruited. If a consulting order is not concluded, the registered persons will be informed shortly after expiry of the registration deadline.

6.2

The client will be informed in the offer of the minimum number of participants needed for execution and the maximum number of participants.

6.3

SEI is not liable for damages resulting from the possible non-execution of educational events.

7. Invoicing and payment of course fees

7.1

Invoices are generally issued in the currency in which the educational services are published. For educational projects, invoicing for Switzerland is in CHF, for the EU in EUR, and for Asia in USD or as agreed. Invoices for educational services are issued 30 days before the course starts.

7.2

As a rule, the payment period is 30 days from the date of invoice.

8. Payment default

8.1

If payment is still outstanding after the third reminder, collection proceedings will be initiated. We reserve the right to charge interest on arrears.

9. Liability

9.1

SEI is not liable if a consulting order does not meet the expectations of the participant. Participants owe the tuition fee irrespective of their personal content-related and pedagogical assessment of the consulting order.

10. Confidentiality and data protection

10.1

SEI treats all company and personal data which it obtains in connection with its activities or which it generates through its activities with absolute confidentiality. It does not pass on data to unauthorised persons or third parties. Exceptions are permitted if an organisation or an individual expressly authorises SEI to do so. Also permissible is the naming of customers as general references.

10.2

Personal data that is particularly worthy of protection (e.g. personal profiles) is treated by SEI with the necessary care that as a minimum complies with the provisions of the Federal Data Protection Act

10.3

When individual, personalised reports are produced on individual members of an organisation as part of an assignment, SEI shall consider such individuals to be the only entitled recipients of such information, irrespective of who has placed or paid for the order.

10.4

SEI generally only provides information or reports within the meaning of clause 10.3 to persons entitled to receive them. Information or reports to other persons, in particular also to other members of the organisation and superiors, are only given with their consent.

10.5

A procedure deviating from item 10.4 is permitted if a different procedure has been agreed in a way that is recognisable to all parties involved (e.g. within the framework of aptitude tests, assessments, employee surveys, etc.). If the employees concerned have been notified of the different procedure in advance and do not file an objection, they are deemed to have accepted it.

11. Copyright

11.1

SEI retains the copyrights to the works created by SEI and its employees and commissioned third parties in connection with a consulting order (in particular offers, reports, analyses, organisation plans, performance descriptions, drafts, drawings, teaching materials and documents, etc.). They may only be used by the client during and after termination of the contractual relationship for purposes covered by the contract. In this respect, the client is not entitled to copy and/or distribute the work without the express consent of SEI. Under no circumstances does unauthorised duplication/distribution of the work give rise to the liability of SEI, in particular for the correctness of the work, vis-à-vis third parties.

11.2

Violation of these provisions by the client entitles SEI to immediately and prematurely terminate the contractual relationship and to assert other legal claims, in particular to injunctive relief and/or damages.

11.3

The reproduction of event contents in publications must be carried out correctly. The use of teaching materials, teaching concepts and submitted documents for teaching or other purposes requires SEI's written consent.

12. Place and time of execution

12.1

Unless otherwise agreed in the contract, the client is responsible for the organisation and provision of the event location and the necessary infrastructure.

12.2

The execution of the consulting order (execution dates and duration, place of execution) is agreed in the individual contract.

12.3

If the agreed date of performance is postponed and SEI agrees to these deviations, SEI may reasonably charge for the additional willingness to perform, unless SEI is at fault.

13. Place of jurisdiction and applicable law

13.1

These General Terms and Conditions and the contracts concluded on the basis of these General Terms and Conditions are subject to Swiss law. The client acknowledges that for all legal disputes with SEI, the place of jurisdiction is Zurich.

14. Contact address

14.1

For further questions on educational orders, offers, etc. or for registration, the following contact addresses should always be used:

 

Swiss Engineering Institute AG                              Swiss Engineering Institute GmbH
Dufourstrasse 47                                                     Prinzregentenstrasse 124
CH-8008 Zurich                                                        DE-81677 Munich