(AS OF 01.01.2018)
1. Scope of application
The following GTC apply to all language program contracts between SL&C – SUPERCOMM Langues et Communication Suisse SA based in Geneva, its subsidiaries LiZ AG and Sprachraum GmbH (hereafter: the Provider) and a client corporation (hereafter: the Client). The GTC precede the Swiss Code of obligations. Contracts with individuals are also subject to the following GTC, with exception to imperative rules in Swiss law.
The Provider may modify the following GTC at any time. The GTC are valid in their latest version and are attached to each contract signed between the Provider and the Client. Unless specified in written, the contract’s conclusion entails acceptance of the following GTC.
2. Definition of programs, place and duration
- Face to face
Training programs provided in face to face are defined as follows:
- Private: from 1 to 2 participants,
- Corporate Group: from 3 to 6 participants of the same Client,
- Quattrissimo: from 3 to 4 participants of different Clients,
- Club: up to 6 participants of different
Face to face programs are divided into units of 45 minutes. Each session taking place in the premises of the Provider or of the Client lasts at least 90 minutes.
- Distance-learning
All distance-learning programs are available for Private or Club
groups.
Distance-learning programs are divided into units of 30 minutes.
Each program can be complemented with the Digital Learning software
Altaïr (see Article 8).
3. Payment and validity of the contract
All training programs are payable at their beginning, within 10 calendar days. At the request of the Provider, a participant may be required to present proof of payment. All payments made by credit card are subject to a 4% increase on the billed amount. Any sent reminder or summation shall be subject to a CHF 50.- administrative fee. The Provider may suspend or terminate a program if the conditions of payment are not met.
A contract is deemed concluded when the Provider receives the signature from the Client and payment for the program. The contract is valid only for the mentioned period; no session may be provided before or after that period.
4. Postponements and cancellations
For Private programs, any schedule modification requires prior approval from both the Provider and the trainer. In case of impediment, the participant may request the Provider by phone, e-mail or via Cassiopeia to postpone or cancel a session until 16:00 CET of the business day preceding the session. Sessions on Mondays cannot be postponed or cancelled after the preceding Friday at 16:00 CET. For administrative and educational reasons, the missed session must be postponed within the next 2 weeks, at an agreed time with both the trainer and Provider. Postponed sessions do not modify the fixed periods of the contract. Sessions missed without reason or with a late request of postponement are not refundable.
All intensive programs may be postponed until 5 business days before the start of the program.
For group programs (Corporate, Quattrissimo, Club), sessions are not subject to postponements, cancellations or refunds.
In case of force majeure (illness, accident etc.) from the trainer, the Provider will propose a substitute trainer for the session(s). In case of force majeure from the participant, the program may be temporarily suspended until the impediment ends.
5. Preparation sessions
When a program requires a particular preparation such as the research and/or study of specialized material, the Provider shall bill one additional session per 5 sessions.
6. Sessions on Saturdays
Sessions taking place on Saturdays can be scheduled at an increased cost of 25% of the usually billed amount per unit in the contract.
7. Program changes
The Provider may transfer a participant to another group or modify the program for educational purposes. If such a transfer causes a change of the training program (for example a Private program instead of a Group program), billing will be adapted to the new program.
The composition of a group can be modified only with prior approval of the Provider.
Participants leaving a program are no cause for refunds or price reductions.
8. Software licences
The Provider will activate the licences on Altaïr following reception of the signed contract by the Client and payment. The licences on Altaïr are valid for 3, 6 or 12 months upon activation of the licences, depending on the contract. Payment of the licences is neither negotiable nor refundable. The trainer assures educational support only for the duration of the program.
9. Official exams
Registration fees to official exams are not included in SUPERCOMM’s training programs pricing. The aforementioned fees are the sole responsibility of the participant or of the Client, whom shall take steps with the authorized institutions to register to the exam.
10. Program suspensions and transfers
Should it become impossible for a participant to continue a program, the remainder sessions may be credited to another employee of the Client, with prior approval of the Provider and within the contract period. The Client shall be billed an administrative fee of CHF 100.-.
Intensive program sessions cannot be credited.
11. Non-disclosure agreement and non-compete clause
The Provider shall observe confidentiality of information that may be brought to its attention, and to the trainers’ attention, in the context of business relations with the Client. Nevertheless, the Provider declines liability in case of minor negligence.
The Client shall not employ a trainer for a period of 12 months following termination of employment with the Provider.
12. Liability and right to refuse
The Provider is not liable for any damage caused to or by a participant during a session. The Provider may refuse at any time a participant disturbing a session, without any obligation to reimburse.
13. Place of fulfilment, jurisdiction and applicable law
The present GTC are subject to Swiss law. The jurisdiction over any disputes arising under a contract is Geneva or the place of the concerned subsidiary.