General Terms & Conditions

As of 1 October 2018

MAB Swiss Executive School and MAB Business School (referred to as MAB below) are institutions of the IMCE Group AG, 8700 Küsnacht, Switzerland (referred to below as IMCE). Use of the services provided by MAB, therefore, falls exclusively under the Terms & Conditions of the IMCE Group AG, which are described below.

1. Scope of Application

Only the Terms & Conditions of the IMCE apply here. Additions or changes to any contract stipulations must be made in written form.

2. Provision of Services for External Seminars and Courses of Study

2.1 Orders or registrations from the contracting party – via our website, email, FAX or letter – are binding offers. IMCE is authorized to accept the contracting party’s offer within two weeks by sending a contract confirmation via email, post or FAX. When said contracting party receives the contract/registration confirmation, a contract between IMCE and the contracting party is in effect.

2.2 Included in the fee of the seminars and courses of study are the following services – costs covering the seminar and advanced training for practical application, all participant documents and the certificate of participation.
2.3 Not included in the fee are value added tax (VAT) where applicable, room and board, and the per diem costs of the hotel. These must be paid by the participant directly to the hotel.

2.4 The IMCE reserves the right to adapt and change the content and duration of any course of study or seminar it offers. Such changes do not entitle a registered participant to terminate their contract. If a trainer must cancel, the IMCE will make every effort to postpone the event or to find an appropriate replacement lecturer. In a case where a significant portion of a course of study or seminar are cancelled, the fee is reduced pro rata. The IMCE is not liable for anything beyond this.

2.5 The IMCE has the right to exclude participants from any seminar, if this participant continuously interferes or disrupts the seminar in any way. In these cases, the seminar fee will not be refunded.

3. Scope of Services for Company-Specific and In-House Services

3.1 The scope of services is determined by the written contract. If there are any ambiguities about the exact scope of individual services, the standard services of the contractor shall be deemed binding.

3.2 Any changes to the contracted scope of services must be agreed upon in written form.

3.3 The right of the contracting party to use specific employees of the contractor IMCE is only possible, if this is agreed upon in writing.

3.4 Customer projects will be conducted only on a specific contractual basis and not according to our standard service contract.

3.5 The know-how, provided as part of the services rendered by the contractor, is protected by international copyright. Once the contract is agreed upon and/or fee invoices paid, the customer has the right to apply the know-how taught within the framework of the contract (in the form of checklists, forms, methods, expertise, etc.) for use internally at his or her company. The copyright is not affected by third party use. Passing on know-how learned as part of the contract to third parties is not allowed without written agreement.

3.6 The contractor is not responsible for delays in the provision of services that are caused by the contracting party, especially not for delays caused by occurrences or circumstances that affect the customer (like delays due to collecting information, important agreements with third parties, relocation of personnel, decisions made by management etc.).

3.7 The contractor is responsible for informing the customer immediately when any kind of circumstance or possible delay becomes evident, which may affect carrying out the contract as agreed upon.

4. Hotel, Accommodations, Per Diem Costs

4.1 Our events are held at seminar centers, usually 4-star hotels. Participants stay at the seminar hotel or at accommodations of their choice.

4.2 Costs for accommodation are not included in the seminar fee. The hotels charge participants by individual invoice, which is to be paid at the hotel when checking out on the last day of the seminar.

4.3 Per diem costs (including lunch, snacks etc.), together with any other expenditures like drinks etc. are to be paid by the participant directly to the hotel on the last day of the seminar, as long as these costs are not included in half-board cost. For details, see the room reservation form. This allows participants to book accommodations of their choice (from economy to luxury – at the seminar hotel or somewhere else). This allows participants to take advantage of special prices and affordable flights and accommodations offered by travel companies.

5. Re-Booking and Cancellation of External Seminars and Courses of Study

5.1 If a participant must re-book a seminar for urgent reasons, this is possible up to 6 weeks prior to seminar begin at a one-time fee of CHF 360.- / Euro 300.-

5.2 Seminars or seminar parts not attended are, in this case, forfeited, if no re-booking was requested. In the case of a change in curriculum, a re-booking is made based on proposals of the seminar directors for another seminar that is similar to the one originally booked.

5.3 An annulment of a registration is possible at no cost, up to 4 months prior to seminar begin. Between 4 months and 6 weeks prior to seminar begin, 40% of the seminar fee will be charged. As an alternative, you can inform us that you will send a replacement participant up to 2 weeks prior to seminar begin. If you cancel 6 weeks or less prior to seminar begin, you will be charged the full seminar fee.

6. Cancellation of Consulting or In-House Services

6.1 When definitely agreed-upon consulting or in-house services are cancelled by the customer before begin of contract fulfillment, the participant will be charged 20% of the fee agreed-upon in the contract as charge of cancellation.

6.2 If a customer cancels definitely ordered and confirmed services during the last 2 weeks prior to event begin, they will be charged 100% of the fee. If the customer cancels 4 weeks prior to event begin, they will be charged 60% of the agreed-upon fee. This does not apply if the written offer contains other stipulations applying herewith.

7. Cancellation of the execution of an open seminar, fees, ongoing improvement

7.1 IMCE reserves the right to cancel an open, externally-conducted seminar, program or part of a program prior to begin of said event, if the number of registered participants, or other reasons, do not allow it to be conducted, in the opinion of IMCE, and still maintain the high quality standards set by the IMCE. Such a cancellation or postponement is normally announced by email at the latest 3 weeks before the start of the event, without causing any breach of guarantee or responsibility on the part of the IMCE to the participants and/or their employees with one exception – seminar fees that have already been paid will be returned in full, if registered participants do not decide to participate in another seminar or the same seminar at a later date. We recommend taking out a travel cancellation insurance policy that covers all possible travel damages incurred with the cancellation of a booked event.

7.2 Our seminars and programs are organized by hours, days, dates and how the program is conducted. These can be changed from time to time by us. IMCE reserves the right to shorten or expand the subjects described in the seminar description in order to react to the latest developments during the curriculum year as well.

8. Fees for External Seminars

8.1 Fees for our seminars and courses of study can be paid in Swiss Francs or Euros. Other currencies upon agreement. Fees paid by bank transfer and by check are to be made at the net price, without any deduction of bank fees, postal fees etc. You will be expected to pay any unauthorized deductions.

8.2 Basis for all fees is the seminar description.

8.3 The invoice amount is to be paid 6 weeks prior to seminar begin or the begin of a course of study. If registration is done shortly prior to the start of an event, the invoice amount must be paid before the seminar begins. The IMCE is entitled to exclude any participant who does not adhere to the payment deadline that applies.

8.4 If payment is late, a past-due payment of 5% above the currently-applicable base lending rate will be required and charged.

9. Fees for Consulting and In-House Services

9.1 Basis for all prices is the quote for specific services as tendered.

9.2 Fees will, in agreement with the customer, be invoiced in Swiss Francs or Euros. Other currencies upon agreement.

9.3 Services will be invoiced in partial, monthly invoices according to services provided and outlays incurred.

9.4 All invoices are to be paid after receipt at net price within 10 days. Bank transfers and check payments must be paid without any deduction for bank fees or postal fees. You will be expected to pay any unauthorized deductions.

10. Fees for Courses of Study

10.1 Fees for our study programs include costs for the parts of the course, the seminars, their subject matter and seminar documents. Not covered by the fees are literature and recommended literature.

10.2 Not covered by the fees are costs for room and board, which are to be paid directly to the hotel.

11. Copyright Law

11.1 All copyrights are reserved.

11.2 The IMCE or a contracted third party explicitly reserve the right to publish, reproduce, process or use the content of events, in particular the working documents handed out in written as well as digital form.

12. Confidentiality

12.1 From the side of the contractor – The contractor works according to fiduciary principles. All information having to do with business relationships is kept strictly confidential.

12.2 From the side of the contracting party – The contracting party pledges not to use any information having to do with a contract from the contractor without previous written consent, either internally in their company for a purpose not stipulated in the contract, or to the benefit of third parties. The direct or indirect dissemination of documents – that are directly related to the contract – to a third part is forbidden without previous written consent from the contractor.

13. Data Privacy

13. 1 Personal data is stored, processed and used according to current data privacy laws. We follow the principle of not selling, loaning or make available any of the personal data entrusted to us. We ensure that customer data will be handled with due care, and that it will only be used for purposes having to do with the contract as agreed upon with the contracting party.

13.2 The IMCE ensures that neither they nor any of its trainers – as far as IMCE is aware – works according to the principles of L. Ron Hubbard or applies scientology’s body of thought.

14. Early Contract Termination of In-House and Consulting Projects

14.1 The IMCE is entitled to withdraw from a contract up until 2 weeks prior to the begin of a seminar or program chosen by the participant, if said event cannot be conducted due to an insufficient number of participants. The same applies when the director of the event is prevented from holding the event for important reasons. The IMCE will then undertake, at no cost, a rebooking of an event being conducted at a later date or an equivalent seminar. Any further claims from the participant – particularly regarding travel and hotel costs – are inadmissible.

14.2 In the case of acts of God, both parties are relieved of their contractual obligations beginning on the day that this situation makes it impossible to fulfill the contract.

15. Validity

If individual stipulations or parts thereof in an agreement with a contracting partner are or become invalid, including these Terms & Conditions, the remaining stipulations will remain valid. Those stipulations or parts thereof that are invalid are to be replaced by a stipulation that is close – in its economic consequences, as far as this is possible – to the invalid stipulation.

16. Insurance

Insurance for damages of any kind – due to accident, sickness, third-party liability, theft, cancellation etc. – is the responsibility of the registering parties (for open seminars) or the customer (in-house and consulting projects). We provide no insurance coverage. Any and all liability on our side is hereby excluded.
All participants in our seminars and programs must insure themselves. Participants are responsible for any insurance coverage they deem necessary for the time spent at our seminars or programs.
Participants acknowledge and accept herewith, that no part of the paid seminar fee can be used for any form of insurance, and that the IMCE and its institutions have no responsibility for, nor will agree to providing, any kind of insurance coverage whatsoever.

17. Court of Jurisdiction

17.1 Court of jurisdiction for all legal disputes is Zurich, Switzerland. The laws of Switzerland apply.

17.2 If during the litigation process the party to be taken to court has their changed their whereabouts, or their usual place of residence, to a location outside the territory covered by the Code of Civil Procedure, or this is not known at the time the complaint is filed, the court of jurisdiction for all disputes arising from the contractual relationships will remain in Zurich, Switzerland.

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