These general terms and conditions (GTC) govern the legal relationship between you, the buyer (or customer), and Smart Gecko. They apply to any offer submitted by Smart Gecko. By registering or accepting an offer, you declare that you accept these GTC. Any contrary condition is valid only if approved in writing by Smart Gecko.

General terms and conditions of Smart Gecko AG (Smart Gecko) for training services

1. Conditions | Value added tax

The course prices indicated in the related descriptions published on our website are not contractual (errors and omissions excepted). Only individual offers are contractual. The indicated currency (CHF, EUR) is binding. In principle, all prices are exclusive of value added tax. Training services in Switzerland are as a rule exempt from it (LTVA art. 21 al. 11a), so it is not levied; Smart Gecko nevertheless reserves a right of option. The statutory value added tax is invoiced in addition for all other services and deliveries. Services provided abroad are subject to the applicable provisions of the relevant country. The indicated prices may be changed at any time and without specific prior notice.

2. Registration | Booking | Payment

We look forward to your online booking (via the form on our website or by e-mail), by telephone or by postal mail. Your registration commits you to paying the agreed sum by bank transfer. The invoice is sent to you by e-mail to the address indicated when booking. Upon request, a paper receipt can be issued and handed over on the day of the course.

Private participants and foreign companies must remit their payment before the course in order for the registration to be confirmed. For Swiss companies, the invoice must be paid before the first day of the course.

Smart Gecko reserves the right to request the payment of a deposit and/or to invoice default notice fees and/or default interest. A deposit of 50% is required for all courses abroad.

3. Fee

The following information is stated in each course description: duration, price, currency, objectives and content, target group, admission conditions and detailed information about the schedule. The price includes the course documentation. Travel, accommodation and meal costs are borne by the customer.

4. Success guarantee

Course participants who do not achieve the published objective have the possibility of registering free of charge for the same course in one of the following sessions, provided that it is not full. The success guarantee is valid for one year.

5. Repetition option

If within the 12 months following the end of the course you find that you are losing the knowledge acquired due to a lack of practice, you may take it again (in whole or in part). The following conditions apply: we have confirmed to you in writing that places remained available in the course; you use the course documentation already in your possession.

6. Course delivery not guaranteed

Smart Gecko makes every effort to ensure that all published courses take place. However, it may happen that the number of participants is insufficient, and in this case we notify you sufficiently in advance. The course may nevertheless take place on an exceptional basis through an increase in the participants' financial fee or a reduction in the duration of the course, where this is reasonable and subject to the participants' agreement. Smart Gecko may also cancel the course at the latest 10 working days before it is held. Should this be the case, you have the possibility of requesting registration for another session. Smart Gecko reserves the right to definitively cancel a course and to refund the fee already collected.

7. Certificates

All participants who pass the course receive the Smart Gecko certificate, which enjoys an excellent reputation in the industry.

8. Cancellation | Course change | Withdrawal | Absence | Replacement

Your registration constitutes a commitment. In the event of an impediment, you may cancel in writing or request to change course before it is held. The following conditions apply:

Working days = Monday to Friday

¹ Replacement participants are permitted free of charge (provided that the admission conditions are met)

Working days = Monday to Friday
Partial postponement = % of the difference

Any cancellation and any request for a course change must be made in writing and must also be confirmed in writing by us. The date taken into account is that of the receipt of the request by Smart Gecko.

Any absence (illness, military service, professional obligation, etc.) or withdrawal from the course without just cause gives no right to any reduction in its price nor any refund. In the presence of just cause (long illness/accident), Smart Gecko may, at its sole discretion, propose to the participant to continue the training in another session.

If a course or a course day cannot take place for reasons attributable to Smart Gecko, you have the right to request a replacement course. If you are unable to attend it, Smart Gecko is not obliged to provide you with the subject matter taught in another form, and you will have to catch up on the course through self-study. In the event of a cancellation due to force majeure (for example accident or illness of the trainer), participants who travelled in vain are entitled to a one-time indemnity of a maximum of CHF 100 per person.

9. Modifications

Smart Gecko AG reserves the right to modify at any time the course offering, as well as the general terms and conditions. The applicable GTC are those in force at the time the contract is concluded, and the current provisions may be consulted at any time on our website.

10. Copyright and reproduction rights

By registering, you undertake to comply with the following provisions: the course documentation and the software used during the training are protected by copyright and are personal. It is prohibited to reproduce, reprint, translate, electronically process and pass on to other persons (internal or external), the course documentation, as well as the texts and photos, without the prior written authorization of Smart Gecko. Smart Gecko holds the intellectual property of all the documentation unless a third-party author is mentioned. The use of the forums by third parties is also prohibited.

11. Data protection

By registering or accepting the offer, you accept the provisions relating to data protection.

12. Computer virus

Smart Gecko makes every effort to protect its infrastructure from a computer virus attack, without however being able to guarantee that such an event will not occur. The company declines all liability in the event of any damage whatsoever caused by a computer virus attack resulting from the participants copying data belonging to Smart Gecko.

13. Insurance

Each participant in courses and other events organized by Smart Gecko must ensure that they themselves have sufficient insurance coverage. Smart Gecko cannot be held liable in the event of theft or loss of objects. A participant who uses Smart Gecko's equipment does so at their own risk.

14. Severability clause

In the event of the nullity, illegality or invalidity of a provision of the offer, the contract and/or these GTC, the validity of the other provisions shall not be affected.

15. Final provisions

The contract is governed exclusively by Swiss law.

The exclusive place of jurisdiction is 8852 Altendorf, Switzerland

As of January 2024

Supplementary general terms and conditions, applicable to corporate courses

1. Conditions | Value added tax

Smart Gecko submits an offer for corporate courses on the basis of the customer's request, which is generally valid for a period of 30 days. Offers established in writing are in principle non-binding until the customer gives the mandate in writing and Smart Gecko confirms the said mandate also in writing.

2. Booking | Mandate confirmation | Payment

Smart Gecko confirms the customer's acceptance of the offer by a mandate confirmation, which commits the customer to the payment of the fee. The invoice is sent to the address indicated in the mandate confirmation. Smart Gecko reserves the right to request the payment of a deposit and/or to invoice default notice fees and/or default interest. A deposit of 50% is required for all courses abroad. Full settlement of the invoice is due at the latest 10 days after the end of the course service.

3. Competition

The customer and Smart Gecko undertake not to poach personnel working for the other party. The customer undertakes in particular not to poach Smart Gecko's speakers and course/subject managers on the occasion of initial and continuing training courses organized by it.

4. Course subject matter / Admission conditions

Unless otherwise agreed, the course subject matter corresponds to the usual subject matter published on the website. Any individual adaptation of the course content and of the related documentation must be agreed in writing and invoiced according to the offer/mandate confirmation established.

Smart Gecko indicates the admission conditions required in order to be able to follow the programme, and the customer ensures that only employees who meet them participate in the courses provided.

5. Infrastructure

The course taking place on the customer's premises or, at its request, in a seminar centre external to Smart Gecko, the customer is responsible for making available the necessary computer hardware and software. If a course cannot take place or is delayed due to insufficient or deficient infrastructure, the customer assumes liability for all the costs incurred (additional speakers, expenses, participants' rights, etc.). The course documentation provided by Smart Gecko must be transported to the classroom by the customer.

6. Course dates

The course dates must be agreed sufficiently early with Smart Gecko.

7. Cancellations | Postponements

The mandate given is binding. In the event of a cancellation or postponement after the mandate confirmation, the following conditions apply:

Working days = Monday to Friday
Partial cancellation = difference

¹ Within a period of 9 months

Any cancellation or any postponement must be made in writing and must also be confirmed in writing by Smart Gecko. This concerns all services regardless of the training centre. The date taken into account is that of its receipt by Smart Gecko.

The absence of certain participants from a corporate course (illness, military service, professional obligation or other) or their withdrawal from the course without just cause gives no right to any price reduction nor any refund. In the presence of just cause, Smart Gecko may, at its sole discretion, propose an alternative.

As of January 2024