Terms and Conditions

Terms and Conditions of Swiss Cyber Institute regarding courses and other education offers (hereinafter “Services”).

1. Scope

1.1.  These General Terms and Conditions (the “General Terms”) apply to all agreements between Swiss Cyber Institute and the

respective customer (the “Customer”) in accordance with paragraph 3.1 below (an “Agreement”).

1.2.  These General Terms apply exclusively in combination with an Agreement. Any general terms and conditions of the Customer, which contradict or differ from these General Terms, shall only apply if they have been accepted by the Swiss Cyber Institute explicitly in writing.

1.3.  Swiss Cyber Institute offers in-person Events, too.  The terms and conditions for in-person Events are defined separately and can be accessed by clicking on the following link: https://swisscyberinstitute.com/conference/terms-and-conditions/ . These terms and conditions set out the rules for the registration and purchase of tickets for the Global Cyber Conference and the terms and conditions for the attendance at the events organized by Swiss Cyber Institute (SCI).

2. Subject matter (Services)

2.1.  Swiss Cyber Institute offers professional services for Customers in Switzerland and abroad. Swiss Cyber Institute focuses on integrative offers at the interface of cyber security, data protection, and technology. By entering into an Agreement as to paragraph 3, the Customer entrusts Swiss Cyber Institute with the development and/or organization of the Services.

2.2.  The transfer of knowledge at events, courses, and other services is sometimes accompanied by a coaching of the participants of service (the “Participants”) by Swiss Cyber Institute, aiming not only to improve the learning effect but also the soft skills and personality development of the Participants.

2.3.  Teaching of knowledge and courses are performed by internal and external lecturers from Switzerland and abroad.

2.4.  The Agreement will define which Services will be performed by Swiss Cyber Institute to a specific Customer and in which format.

3. Agreements

3.1.  An Agreement shall only be binding if it is made by a written document, regulating the details regarding the Services to be performed by Swiss Cyber Institute.

3.2.  Fax or e-mail shall be regarded as written documents.

4. Pricing

4.1.  Unless explicitly stated otherwise in an Agreement, the flat sum defined in an Agreement (the “Price”) shall be considered as a net amount. Any taxes which may be or become due on such amounts according to applicable Swiss or any foreign laws shall be payable in addition to the Price. Any other costs not listed in paragraph 4.2 are not included in the Price, such as but not limited to the ones mentioned in paragraph 4.3.

4.2.  Unless explicitly agreed upon otherwise in an Agreement, the Price includes:

-       The costs of lecturers;

-       Any learning material.

4.3.  Unless explicitly agreed upon otherwise in an Agreement, the Price does not include:

-       Costs for accommodation, parking, meals and travel expenses of the Customer or Participants;

-       costs for the renting of premises in which seminars or teaching shall be held as well as the use of any technical infrastructure;

-       costs arising in connection with the leisure activities of Participants or social events.

-       any other cost and expenses incurred by Swiss Cyber Institute.

4.4.  Unless explicitly agreed upon otherwise in an Agreement, the Price shall be payable as follows:

4.4.1. Courses:

-       50% within 20 days from the date of the conclusion of the Agreement;

-       50% until 20 days before the start of the course.

4.4.2. Events:

-       50% within 20 days from the date of the conclusion of the Agreement;

-       50% until 20 days prior to the rendering of the first event Service.

4.4.3. Concepts:

-       50% within 20 days from the date of the conclusion of the Agreement;

-       50% within 20 days after the delivery of the final concept to the Customer.

5. Termination of an Agreement

5.1. Each party can terminate an Agreement for good cause by notification in writing to the other party.

5.2.  If the Customer terminates an Agreement for reasons other than good cause and Swiss Cyber Institute is not at fault, or if Swiss Cyber Institute terminates an Agreement due to the fault of the Customer, the Customer must pay in any case to Swiss Cyber Institute 50% of the Price plus any applicable taxes owed. If Swiss Cyber Institute has incurred any

further expenses and costs, the Customer has to compensate them. If the Customer terminates an Agreement 20 or less days prior to the provision of the Service (in case one of several Services are to be provided, the date of the first one applies), the Customer must pay the full Price.

5.3.  If Swiss Cyber Insitute terminates an Agreement for other reasons than good cause and the Customer is not at fault, or in case the Customer terminates an Agreement due to the fault of Swiss Cyber Institute, then Swiss Cyber Institute will refund any advance payments already made by the Customer. Beyond this obligation, Swiss Cyber Insitute shall not be subject to any further obligations or payment duties, e.g. regarding the reimbursement of any cost the Customer may have incurred.

5.4.  Moreover, the following applies:

  1. If a Service is not performed due to insufficient registrations or participants, then Swiss Cyber Institute may withdraw from the Agreement for good cause (clause 6.1.) and the Customer may withdraw from the Agreement in accordance with clause 5.2.
  2. The replacement of any lecturers does not entitle the Customer to terminate an Agreement for good cause (clause 6.1) nor shall a replacement be considered a fault of Swiss Cyber Institute (clause 5.3).
  3. If the Customer terminates an Agreement which includes a concept service this shall, in any case, be dealt with in accordance with clause 5.2.

6. Liability

6.1.  Swiss Cyber Institute shall be liable for a due and careful planning and implementation of courses or events under the current business plan.

6.2.  The liability of Swiss Cyber Institute shall be limited to cases of gross negligence or wilful misconduct.

6.3.  The Services rendered by Swiss Cyber Institute under this General Terms and/or an Agreement do not qualify as consultancy services. This applies to the organization and accomplishment of events and courses as well as for concepts and coaching programs. Therefore, Swiss Cyber Institute 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.

6.5.  The liability of Swiss Cyber Institute shall in any event be limited to 50% of the Price.

7. Intellectual property

7.1.  Copyrights for any documentation handed over to a Customer, its employees, or Participants (the “Copyrights”) shall remain with Swiss Cyber Institute or the respective lecturer, as the case may be.

8. Confidentiality and data protection

8.1.  Swiss Cyber Institute 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.

8.2.  General findings resulting from the collaboration of the parties under an Agreement may be used freely by Swiss Cyber Institute.

8.3.  Address data of the Customer and its employees and Participants may be used by Swiss Cyber Institute for purposes of providing information regarding future offers in the field of professional development.

8.4.  Any further use of confidential information and personal data by Swiss Cyber Institute will be handled in accordance with the Privacy Policy which forms an integral part of the General Terms.

9. Miscellaneous

9.1.  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. 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.

9.2.  Swiss Cyber Institute 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.

9.3.  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 this General Term or an Agreement shall be subject to the exclusive jurisdiction of the ordinary courts in Zurich.

Version effective as of 01.09.2020