Terms and Conditions

General Terms and Conditions of Cyber Forum GmbH (Swiss Cyber Forum)

regarding events, courses and other education offers (hereinafter “Services”).

 

  1. Scope

 

  • These General Terms and Conditions (the “General Terms”) apply to all agreements between Swiss Cyber Forum and the respective customer (the “Customer”) in accordance with paragraph 3.1 below (an “Agreement”).

 

  • 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 Swiss Cyber Forum explicitly in writing.

 

  1. Subject matter (Services)

 

  • Swiss Cyber Forum offers professional services for Customers in Switzerland and abroad. Swiss Cyber Forum 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 Forum with the development and/or organization of the Services.

 

  • 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 Forum, aiming not only to improve the learning effect but also the soft skills and personality development of the Participants.

 

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

 

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

 

  1. Agreements

 

  • 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 Forum.

 

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

 

  1. Pricing

 

  • 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.

 

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

 

  • The costs of lecturers;
  • Any learning material.

 

  • 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 Forum.

 

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

 

  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.

 

  1. 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 by Swiss Cyber Forum.

 

  1. 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.

 

Payments shall be made to the following bank account of Swiss Cyber Forum:

 

Bank: Schwyzer Kantonalbank

Bahnhofstrasse 3, 6431 Schwyz

Acc. Number: 895227-2637

IBAN: CH36 0077 7008 9522 7263 7

To the account of: CYBER FORUM GmbH

 

  1. Termination of an Agreement

 

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

 

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

 

  • If Swiss Cyber Forum 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 Forum, then Swiss Cyber Forum will refund any advance payments already made by the Customer. Beyond this obligation, Swiss Cyber Forum shall not be subject to any further obligations or payment duties, e.g. regarding the reimbursement of any cost the Customer may have incurred.

 

  • Moreover, the following applies:

 

  1. If a Service is not performed due to insufficient registrations or participants, then Swiss Cyber Forum 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.

 

  1. 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 Forum (clause 5.3).

 

  1. 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.

 

  1. Liability

 

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

 

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

 

  • The Services rendered by Swiss Cyber Forum 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 Forum 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.

 

  • All information included on our website is for informational purposes only. This website is not intended to offer legal or any other advice on any particular subject matter. Transmission of information from our website is not intended to create and does not constitute a legally binding relationship between Swiss Cyber Forum and the user. While we have made every attempt to ensure that the information contained in this website is accurate, Swiss Cyber Forum is not responsible for any errors or omissions, or for the results obtained from the use of this information. Swiss Cyber Forum is not responsible for any third party contents which can be accessed through this website.

 

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

 

  1. Intellectual property

 

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

 

  • 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.

 

  • The Customer shall be obliged, to transfer the obligations set out in paragraphs 8.1 and 8.2 above to its employees or the Participants, as the case may be.

 

  1. Confidentiality and data protection

 

  • Swiss Cyber Forum 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.

 

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

 

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

 

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

 

  1. Miscellaneous

 

  • 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.

 

  • Swiss Cyber Forum 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.

 

  • 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.

 

Zurich, 10. January 2020