Clause 1 – Definitions
For the purposes of these terms:
Headings; Number and Gender: The headings of sections and paragraphs are inserted for convenience only and shall not be deemed to constitute part of this Contract or to affect the construction thereof. The use in this Contract of singular, plural, masculine, feminine and neuter pronouns shall include the others as the context may require.
“Contract”: The Terms and Conditions for the Provision of Services which shall regulate the contractual relationship between SMC Education GmbH (hereinafter referred to as “SMC”) and the Student.
“Course”: A distance learning module designed and developed by SMC and/or any Partner, including all revisions and updates to such Course as SMC may make from time to time.
“Course Material”: Physical or electronic material relating to any Course, together with all revisions and updates applied regularly made by SMC and/or any Partner, which may be in any format. The distance Learning Courses shall be delivered via the SMC Online Learning System.
“Course Syllabus”: A document that includes but not limited to the detailed outline, Course structure, learning goals, assignments, and grading criteria of a single Course.
“Course Work”: Any work including but not limited to materials, projects, assignments, thesis, dissertation, required to be developed by the Student during the Course and submitted to SMC.
“Diploma”: The document issued upon successful completion of all requirements set forth by SMC as part of the Course and Course work.
“Enrollment Date”: The day on which SMC provides Student with access to the Online Learning System.
“Parties”: referred to SMC and Student jointly.
“Partner”: Any third party institution who shall provide any part of the services hereunder under the overall responsibility of SMC.
“Services”: The provision of relevant support, aids, systems, processes, and benefits related to any Course offered and conducted by SMC to the Student in accordance with the Student Handbook and Course syllabus.
“SMC”: SMC Education GmbH, an Austrian Corporation, registered at Löfflergasse 45, 1130 Vienna, Austria.
“Student Handbook”: Detailed information about the Course learning experience and student conduct designed and developed by SMC and/or any Partner and delivered by SMC and/or any Partner to the Student at the time of admission to a Course.
“Student(s)”: The party receiving the Services to be provided by SMC and/or any Partner.
Clause 2 – Area of Application and Effectiveness
2.1 The contractual relationship between SMC and the Student enrolled in any Course provided by SMC shall be governed exclusively by this Contract which shall become effective and be binding on the parties at the time of acceptance, in writing, of Student’s application for admission by SMC.
2.2 SMC hereby refuses to accept any additional or different terms contained on any of Student’s acknowledgments or in any other correspondence from the Student, unless such additional or different terms are expressly accepted in writing by SMC. The terms of this Contract shall constitute the entire agreement between SMC and the Student on the subject hereof, superseding all prior communications and negotiations between the parties.
Clause 3 – Responsibility for Course Material
3.1 SMC will deliver the course material necessary to achieve the educational goals set forth in the academic curriculum. SMC does not guarantee that the Course Material will be errors- or omissions free.
3.2 SMC will deliver the Services to the Student in accordance with the rules and regulations set forth in the Student Handbook received by the Student.
3.3 The Student will be responsible for inspecting the Course Material as soon as reasonably possible following delivery. Furthermore, the Student will be responsible for notifying SMC about any errors or omissions respective to the “Reading section” as outlined in the Course syllabus.
3.4. SMC reserves the right to make variations to the content or methods of delivery or assessment of Courses, to discontinue, merge or combine Courses if such action is required by SMC.
3.5 In case the Student is intending to take leave (sabbatical) from the Course for a period of 2 months or more, the Student will be required to notify SMC in writing in advance. If Student fails to notify SMC in advance, continuation of the respective Course will be at SMC´s discretion. Taking leave for less than 2 months shall not grant an extension of time to effect any payments hereunder. Payments shall be effected on the agreed upon dates as provided in clause 4 hereto.
3.6 All students must complete the entire Course within a period not greater than 4 years from Enrollment Date into the respective Course. At the discretion of SMC and at the request of the Student the period of the course may be extended, for which an additional fee may be applicable.
Clause 4 – Payments
4.1 The terms and dates of payment shall be as set forth in an invoice issued by SMC to the Student.
4.2 Under no circumstances shall SMC be deemed to have received payment until payment has actually been received by SMC in full.
4.3 Preliminary access to the Course Material including, without limitation, the SMC online Learning System shall only be provided by SMC upon confirmed reception of the tuition payment (full or partial: consisting of the deposit, and first installment, relevant to the respective invoice).
4.4 Subject to clause 5.2 hereto, paid fees of the distance learning Courses and other online services are non-refundable.
4.5 SMC shall have the right to charge and receive a handling fee for late payment of 5% for outstanding dues not paid as per the terms set forth in the invoice issued by SMC to the Student unless SMC agrees, in writing, to postpone the date for such payment.
4.6 SMC shall have, at any time, the right to suspend the Student’s access to the Course including but not limited to the SMC Online Learning System if payment of any installment or subsequent installments is delayed for more than 7 days per event. A sabbatical which also includes a deferral of the payments has to be requested 5 days before the due date in accordance with clause 3.5. Further explanation can be found in Section 6 of the underlying Terms and Conditions.
4.7 Without prejudice to clauses 4.4, 4.6 and 5.1 hereto, SMC shall not be obliged to issue the respective Diploma and certificate of completion for the Course enrolled until all outstanding dues are settled by the Student.
Clause 5 – Termination
5.1 Termination by SMC
Without prejudice to any other rights SMC might have as per applicable law, should payment of any invoices issued by SMC to the Student be delayed for more than 60 days per event, SMC shall have the right forthwith to terminate the contract upon written notification to the Student. Likewise, SMC reserves the right to terminate the contract, without obligation to refund any of the paid tuition fees, in the following cases:
If Student is found guilty of plagiarism or serious academic misconduct in breach of SMC Student Regulations such as:
Academic Dishonesty: All forms of academic misconduct including but not limited to cheating, fabrication, plagiarism, or facilitating academic dishonesty.
Fabrication: is the falsification of any data used by students in any academic paper or document. This includes making up quotations, inventing data to suit the results wanted, omitting certain data to that is inconvenient to the experiment and also making up bibliographical references.
Plagiarism: is the theft of intellectual property belonging to another person and passing it off as one’s own work, or failing to cite the source of the original work properly. Examples of plagiarism are: handing in someone else’s work and passing it off as one’s own; copying ideas from other sources, without giving that source credit; giving incorrect information about the source or failing to use proper references; and using so many different ideas from other sources that the student barely uses any of their own work, whether it is properly referenced or not.
Forgery: Forgery, alteration, or misuse of any School document, record, key, electronic device, or identification. False information or Forgery of any documents used for the application.
Harassment: Harassment of any person by a student of SMC. For the purposes of these policies, ‘harassment’ is: the use, display, or other demonstration of words, gestures, imagery, or physical materials, or the engagement in any form of bodily conduct, on the basis of race, color, national or ethnic origin, alienage, sex, religion, age, sexual orientation, or physical or mental disability, that has the effect of creating a hostile and intimidating environment sufficiently severe or pervasive to substantially impair a reasonable person’s participation in School Courses or activities, or use of School facilities.
Course Material: Selling, preparing, or distributing course lecture notes or video or audio recordings of any course for any commercial purpose unless authorized by the School in advance and explicitly permitted by the course instructor in writing. The unauthorized sale or commercial distribution of course notes or recordings by a student is a violation of these Policies whether or not it was the student or someone else who prepared the notes or recordings.
Appropriate student conduct: SMC will not tolerate any harassment of, or threatening conduct towards, students, staff or faculty of SMC. This includes e-mails or letters containing abusive or threatening language, as well as any false accusations intentionally made by a student against another student or a staff or faculty member, where the student knows the accusation to be false. Any negative comments or inappropriately aggressive behavior is not acceptable. Students must acknowledge any constructive criticism given by faculty or SMC staff members.
Appropriate language: Faculty and staff members must be treated with respect at all times and students must reflect this in their general manner and tone of voice when addressing them. The authority of the faculty member must be recognized and other students must be treated in a courteous and appropriate manner.
5.2 Termination by the Student
The Student may terminate this contract upon 30 days written notice to SMC without the right for refund of any paid tuition fees. The same applies if the Student and SMC have agreed on installment payments so that the Student shall, irrespective of the termination of this contract, be obliged to pay the outstanding remainder of the tuition fees in accordance with the respective invoice to SMC and according to the following scheme:
In case the Student has completed less than 50% of all Courses or less than 1 year for Master programs and 1.5 years for the Doctorate programs, the student will be obliged to pay the outstanding remainder of the tuition fees in the sum of 50% from the full sum of the agreed tuition installment plan.
In case the Student has completed at least 50% of all Courses or at least 1 year for Master programs and 1.5 years for the Doctorate programs, the Student will be obliged to pay the outstanding remainder of the tuition fees in accordance with the agreed installment plan.
Clause 6 – Suspension
In case SMC and the Student have agreed on installment payments and the Student is in default with respect to one or more installment payments the Student shall be obliged to pay SMC, in addition to the outstanding installment payment, a handling fee of 5% from the outstanding amount. In case the Student fails to pay the outstanding amount within 7 days after receipt of an electronic/written reminder from SMC, SMC will have the right to suspend/lock the Student from the Online Learning System. To regain access to the Online Learning System the Student has to fulfill the following conditions:
– Payment of the outstanding amount including a 5% handling fee
– Payment of unlock fee in the amount of €450