(i) M. D. Interrnational Studies (Sweden) Ltd., Comp Reg No. 51408925, Västra Finnbodabägen 2 – 4, 131 30 Nacka, (”the Company”) and
(herinafter: ”The student”)
WHEREAS The Company operates a school in the setting of which it provides a preparation course for admission examinations for medical school, dentistry and veterinary medicine overseas (hereinafter: “The Course”).
WHEREAS The Course is provided in accordance with the syllabus published and detailed on the Company’s website at: www.medicaldoctor-studies.com
WHEREAS The Student meets the admission criteria for the Course provided by the Company.
WHEREAS The Student has examined the Course registration terms and conditions and has found them satisfactory.
WHEREAS The Student has expressed his desire to register for the Course taught by the Company on the terms and conditions stipulated herein.
NOW THEREFORE, the Parties have Declared, Agreed and Stipulated as Follows:
2. Preamble, Appendices and Headings.
2.1 The Preamble hereto and the appendices hereto constitute integral parts hereof.
2.2 Clause headings herein are inserted exclusively for the sake of convenience and shall not be used in the construction hereof.
3. The Company’s Declarations
3.1 The Company declares that it possesses the knowledge, experience and skill to teach the Courses taught in the School.
3.2 The Company declares that the instructors and/or lecturers teaching the Courses possess the knowledge, experience and skill to teach the Courses.
3.3 The Company declares that the School possesses the professional aids to teach the taught Courses.
3.4 The Company declares that the School constitutes a proper learning environment for the study of the Courses.
4. The Student’s Declarations
4.1 The duty to register and contract for the admission examinations at the respective universities’ rests exclusively upon the Student who shall bear all costs associated therewith.
4.2 In this Clause, the Student understands that participation in the Course does not guarantee success in the university admission examinations. However, the Company covenants to provide the Student a high level of tuition in the entire scope of material required.
4.3 Additionally, it is worthy of noting, that success in the university admission examinations is the result of the Student’s responsibility to study the imparted materials beyond the Course teaching hours.
4.4 Additionally, the Student understands, that the essence of the lectures and exercises in the Course are intended exclusively for internal use by the students of the preparatory course, and that the copying, publication or making any other use thereof is strictly prohibited without the prior written consent of the Course Instructor and/or a representative of the Company.
4.5 The Student declares that a breach of his undertakings and obligations hereunder shall entitle the Company to take legal action against him to enforce this Agreement and/or any provision hereof.
5. Course Registration Dates
5.1 Registration for the preparatory Course in medicine shall be on one of the possible dates corresponding to the admission examination dates for the various universities:
5.1.1 Course commencing October in preparation for the February exams in the various universities.
5.1.2 Course commencing February in preparation for the June exams in the various universities.
5.1.3 Course commencing May/June in preparation for the July/August exams in the various universities.
5.2 It is hereby clarified, that the Student is entitled to choose to study in one of the foregoing dates and shall not be entitled to transfer from one Course date to another, unless:
5.2.1 He has submitted a written request to defer his studies in the Course to another date pursuant to a form he received from the Company (hereinafter: “The Request”).
5.2.2 The Request is submitted no later than 7 days prior to the commencement of the Course.
5.2.3 The Student receives written approval from the Company.
5.3 In the event that the Student submits a Request to postpone his studies otherwise than pursuant to paragraph 5.2.1 above (as of 6 days prior to the commencement of the Course and thereafter), the Student shall act as follows:
5.3.1 He filed a Request to postpone his studies to another date.
5.3.2 The Company reviewed his Request. It is hereby clarified that the Company has complete discretion to approve the Request or approve it on certain terms and conditions or to reject it entirely.
5.3.3 In the event that the Company conditioned postponement of the Course upon a token payment (hereinafter: “The Payment”) on account of postponing the Course of up to 5% of the Consideration of the course of studies, the Student has paid the Payment no later than 7 days after receipt of the Company’s written approval to postpone his studies.
5.4 Registration for the Course and/or deferral of the Course date, in the event that such is approved by the Company pursuant to the terms and conditions stipulated above, do not constitute evidence that the Student has fulfilled all his obligations to the Company.
5.5 The connection between the Company to the Educational Institutions
5.6 The Company will provide the Student with information regarding the Educational Institutions who will be conducting admissions through the School. However, it should be clarified that the information regarding the Educational Institutions is provided to the Company by these institutions.
5.7 Without derogating from the provisions of section 5.6 above, it is hereby clarified that these Educational Institutions have the right to update and change:
a. Information about these Educational Institutions without informing the Company in advance.
b. The subjects studied for the entrance examinations for these Educational Institutions without prior notice to the Company.
c. Admission requirements for these Educational Institutions without informing the Company in advance.
d. Examination dates.
e. The place that the examination will take place.
f. Date of enrollment.
g. Commencement date of the studies.
5.8 It should be noted that the Company undertakes to make efforts to receive any information and/or changes regarding the requirements for the entrance examinations in the Educational Institutions and undertakes to provide the Student with all updated and reliable information that is available to the Company.
5.9 It is the Student’s duty to examine all information with respect to the Educational Institutions, including the information detailed in section 5.6 above, independently with the Educational Institutions.
5.10 As stated above, the Student must register for the entrance examinations independently. The Company will assist the Student but this matter is the sole responsibility of the Student.
6. Entrance examinations for Educational Institutions
6.1 The Company will assist the Student to register for entrance examination for Educational Institutions.
6.2 The Company is not responsible for enrolling Students in entrance examinations for the Educational Institutions and is not responsible for the documents that the Student has been asked by the Educational Institutions to provide, as well as if the Student did not provide all the documents that he/she was asked to provide to the Educational Institutions.
6.3 The Company is not responsible for the dates of entrance examinations for Educational Institutions, including their advancement, rejection or cancellation.
6.4 The syllabus of the school attached as an appendix to the following Agreement is determined according to the syllabus published by the Educational Institutions and according to the acceptance examinations for the Educational Institutions that were held prior to the date of signing the following Agreement.
6.5 However, it is hereby clarified to the Student again that it is possible that the material to be taught at the School will not be fully compatible with the material upon which the Student will be examined in the acceptance examinations, and there is a reasonable possibility that the Educational Institutions or any of the institutions will decide make more difficult and/or amend the admission prerequisites without informing the School in advance, including the decision to ask questions with respect to material not included in the list of subjects (the “Syllabus”).
6.6 The Company will allow the Student to take the entrance examinations for a number of Educational Institutions in the School, only after the Student registers for the entrance examinations and pays the registration fees for these Educational Institutions.
6.7 It is hereby clarified that the Student must bear the costs of registration for entrance examinations to the Educational Institutions and any additional financial costs involved in registering for entrance examinations for the Educational Institutions.
7. The Duration of the Agreement
7.1 The duration of the Agreement shall be in accordance with the date the Course commences and shall terminate upon the date the Course ends.
7.2 Notwithstanding paragraph 7.1 above, the Parties’ mutual obligations that affect the Company’s rights shall survive the termination of the Agreement including payment of the Consideration as herein defined and including preservation of confidential information as herein defined.
8. Course Structure and Scope
8.1 The Course shall correspond to the Course syllabus. The Course syllabus shall be an integral part hereof.
8.2 The Student is put on notice that the Company is entitled to add teaching hours and/or arrange the Course in a manner that it deems fit, including any concentrated “marathon” of study hours. All changes shall be brought to the Students attention in advance.
9. The Consideration
9.1 The course tuition fee is 47,500 SEK.
9.2 Upon the signing hereof, the Student shall pay the Company an advance payment of 5,000 SEK whereas the remainder of 42,500 SEK shall be paid at the Course commencement date pursuant to payment arrangements acceptable to the Company.
9.3 The timely and orderly settlement of payments is a condition of participation in the Course.
9.4 The Company shall be at liberty to terminate the Student’s course of study, at any time, in the event that one or more payments are not duly settled.
9.5 In consideration of the tuition fee, the Company covenants to hold a preparatory course for medical school, the extent of hours of which shall be as set forth in the “Course Structure and Scope” chapter.
9.6 The Consideration shall be payable for participation in the Course exclusively pursuant to the terms and conditions hereof. The Student shall not be afforded the right to postpone his studies and/or to seek fulfilment of this Agreement at another date except for the date upon which the Course commences pursuant to the terms and conditions of this Agreement.
9.7 However, the Company is entitled to furnish the Student with special written approval to postpone the Course to another date, pursuant to its exclusive discretion and in accordance with the conditions and stipulations that the Company may determine, which only on the strict adherence thereto shall the Student be afforded the opportunity to postpone the commencement of his studies to a Course at a different date.
10.1 In case an agreement is reached between the Company and the Student after contact via the Company’s website applies the Distance Contract Act (Sw. Lag 2005:59 om distansavtal och avtal utanför affärslokaler). In that case, the Student has the opportunity to cancel the course notification within 14 days from the day of the Agreement (“the withdrawal period”). If the Student cancel the Course during the withdrawal period, the Company will refund the course fee.
10.2 If the Student wish to exercise the cancellation rights in accordance with the Distance Contract Act the Student must notify the Company in a clear manner before the withdrawal period expires. The Student can provide such notice by using the Consumer Agency’s (Sw. Konsumentverket) standard form (www.konsumentverket.se) or by contacting the Company directly.
10.3 If the Course starts during the withdrawal period, the Company requests that the Student gives an individual consent to the course beginning during the withdrawal period and that the Students cancellation rights do not include part of the course that has been completed during the withdrawal period.
10.4 The Student’s consent also means that the Student requests the Course to start during the withdrawal period. The Company, thus have the right to maintain a proportional share of the participant fee that corresponds to completed parts of the Course if the Student use the right of withdrawal before the Course is completed. Consent to this is provided in connection with the notification. In case of Course booking on site at the Company’s office, the Student’s right of withdrawal in accordance with Distance Contract Act does not apply.
10.5 If the Student cancel requests to cancel participation in the Course after the legal withdrawal period, the request must be submitted in writing and be received at the Company’s offices by the Course commencement date.
10.6 In the event that the Student cancels his registration no later than the opening date of the course of the Course, the sum of the advance payment shall not be refundable. In the event that the Student cancels his participation in the Course after the opening date of the course, the student shall be obliged to pay the full tuition fee of the course. Nothing herein is intended to detract from the stipulations in the “Intellectual Property Rights” chapter or the “Confidentiality” chapter.
11.1 The Student understands that violating one or more of the discipline clauses is cause for revocation hereof, without the Student having any right to receive a refund of the Consideration or any part thereof pursuant to the “Cancellation” chapter.
11.2 During his entire course of study, the Student covenants to behave appropriately and obey the instructions of the Company, its managers, employees and teachers.
11.3 The Student covenants to perform the assignments and/or chores in the best possible way while obeying the assignments’ and/or chores’ performance rules.
11.4 The Student covenants not to perform acts that may unfairly and/or incorrectly affect the results of the Course examinations.
11.5 The Student covenants not to perform acts that are injurious to the privacy of other students on the Course and/or are injurious to the privacy of the teachers and/or instructors and/or any of the Company’s representatives.
11.6 The Student covenants not to perform acts that are in violation of any other law and/or statute and/or regulation, whether those existed prior to the execution hereof or promulgated and/or enacted during the performance hereof and/or after the termination hereof.
11.7 In order to successfully graduate from the course, The Student should attend a minimum of 90% of all classes. Moreover, The Student shall pass successfully (minimum 60%) all 3 internal tests required for the graduation of the course. Course certificates will be awarded to those who complies with the above stated requirements.
12. Preservation of the Company’s Intellectual Property Rights
12.1 All the services to be provided by the Company in the framework of the Course, without exception, shall be deemed the Company’s absolute property. The Student shall not use any document or other teaching materials which he receives during the Course, for any purpose other than his studies. Any other use (use which is not for the purpose of his studies) of a document and/or syllabus and/or teaching materials whatsoever, that he received and/or to which he was exposed during his studies, shall oblige the Student to receive the Company’s prior written consent.
12.2 Copyright in all the syllabuses and/or documents and/or exercise manuals (hereinafter: “The Materials”) which the Student receives during the Course are and shall remain the Company’s and the payment of the Consideration on account of the Student’s studies in the Course do not bestow the Student with the right to make unpermitted use of the Materials he received during the Course
13. Preservation of Confidentiality
13.1 The Student covenants to preserve the confidentiality and not to transfer, notify, hand over or bring to the attention of any person or body, directly, indirectly and/or in other way, all information, knowledge, commercial secret, data and/or document of any kind whatsoever, that according to their nature are not in the public domain (hereinafter: “The Confidential Information”) that the Student becomes possessed of as a result of, or in connection with, his studies with the Company as stated herein, owing to, or in connection with, the performance of this Agreement, during the performance hereof, prior to the performance hereof and/or following such.
13.2 The Student covenants not to use the Confidential Information for any purpose whatsoever except for the purposes of his studies and/or training for the admission examinations to medical school, all pursuant to the provisions hereof, without the prior written consent of the Company.
13.3 The express obligations in this Clause are not limited in time and shall survive the termination hereof, without regard to the reason on account of which the validity of this Agreement has expired or ended and without regard to who initiated the termination hereof or brought about the termination hereof.
14.1 Fundamental breach shall be when one of the Parties hereto has breached one of the terms and conditions hereof, and in relation to such breach the other Party gave notice in writing in which the party in breach was requested to desist from the breach (hereinafter: “The Warning”) and to cure the breach, and the breach was not cured;
14.2 In the event that the breach causes any damage whatsoever to the Company and/or anyone acting on its behalf and/or the teachers and/or the other students and/or any other third party, the Student in breach shall be liable to compensate the injured party and/or to indemnify for the damages the Company was forced to pay the injured party.
15.1 In any event of a disagreement between the Company and/or anyone acting on its behalf, and the Student, which is not resolved internally in the setting of the Company, the Parties shall have the option of appealing to the Courts in Sweden.
15.2 Any disagreement whatsoever, that may arise between the Parties hereto, if any, shall be disposed of Swedish law.
16. Addresses and Notices
16.1 The Student’s address is as set forth in the heading hereof. Any notice sent to the abovementioned address, by registered post, shall be deemed received 96 hours from its sending.
16.2 The Student shall notify the Company of any change in his address. A notice pursuant to this clause shall be given to a representative of the Company.
17. Amendment of Agreement or Terms
17.1 The parties agree that any amendment to the Agreement or the general terms and conditions shall be valid only if in writing and signed by the authorises representatives of the Company and/or the Student. It is agreed that avoiding demanding a right shall not constitute a waiver of said right.
17.2 The Student’s rights and obligations hereunder are not assignable to any third party whatsoever, without the Company’s prior written consent.
AND AS WITNESS hereof we have signed our names.
_____________ 20xx-xx-xx ____________ 20xx-xx-xx
M. D. Interrnational Studies (Sweden) Ltd The Student