The present General Conditions should be duly signed (last page) and initialled (all pages) by the Student; for Students under age, the legal guardian should also sign and initial.
In order to facilitate reading of the present General Conditions, the list hereunder refers, at least for the main themes, to their relevant Article number. This list should not be considered as an index and, as such, is not complete.
Those clauses of utmost importance are highlighted in bold type. Please read them carefully! Schooling procedures
▪ Multi-campus schooling: 2
▪ Entry postponement: 3
▪ Early interruption of schooling/ Resignation (resignation compensation): 3 ▪ Studies in France / Studies abroad: 4
▪ Conditional promotion & Course-year retaking (in full or in part), postponements: 4 ▪ Break in the training course in order to gain experience via related activities: 4 ▪ Special schemes: sabbatical leave, apprenticeship and vocational contract: 4 ▪ Double diploma (simultaneous curriculum): 4
Cost of schooling / School fees
▪ Cost: 3
▪ Resignation compensation: 3
▪ Supplementary invoicing: 4, 10
Payment of schooling
▪ Situation with/without joint and several guarantee: 3
▪ Payment terms: 3
▪ Object of the joint and several guarantee: 1, 3, 7 & 10 + Joint and Several Guarantee Agreement (separate document) ▪ Payment of school fees by a third party (payment on behalf of). Coverage of expenses: 5
▪ Late payments and related incidents: 6 ▪ Non-compliance with the due dates: 6
Exams. Enrolment in exams. Issuance of diploma
▪ Effects of late payment on access to teaching resources, enrolment in exams and the issuance of a diploma: 6
KEDGE commitments:
▪ Commitments on the price / Commitment on the service: 3, 8
Contractual documents. Administrative file. Joint and several guarantee. Insurance. School Rules & Regulations
▪ Contractual documents: 1
▪ Students under age: 1
▪ Joint and several guarantee: 1, 3, 7 & 10 + Joint and Several Guarantee Agreement (separate document) ▪ Importance of “Campus Virtuel” [Virtual Campus]: 7
▪ Insurance: 9
▪ Administrative file: 10 ▪ Services on demand: 10
GENERAL CONDITIONS OF CONTRACT,
SUCH AS APPLICABLE TO PRIMARY TRAINING
ARTICLE 1 - Contractual documents
KEDGE BUSINESS SCHOOL (hereinafter referred to as “KEDGE BS” or “the School”), a School resulting from a merger project between “Groupe EUROMED MANAGEMENT” and “BeM BORDEAUX MANAGEMENT SCHOOL”, is an Association under French 1901 Law [i.e. a non-profit entity] (Co. ID no. [SIREN] 514005123), having for object the control of establishments that issue higher education for the management of companies and organizations (both primary training and further education).
The present General Conditions of Contract (hereinafter the “General Conditions”) serve to govern the relations between KEDGE BS and the Student (hereinafter the “Student”) enrolling on a KEDGE BS primary training course (hereinafter the “Programme”).
The Student shall confirm his enrolment application by returning the Enrolment Confirmation document duly signed. Enrolment is granted under the condition precedent of passing the exams and receiving due approval of all the diplomas required.
Enrolment shall become definitive as of when the Student supplies the following documents, along with the signed Enrolment Confirmation:
the present General Conditions duly accepted (i.e. signed and initialled),
proof of having passed the exams and approval of the diplomas required,
where necessary, the Joint and Several Guarantee Agreement duly filled out.
In addition, the Student shall acknowledge approval of the School Rules & Regulations posted on the School’s Website. Acceptance of the School Rules & Regulations shall thus be electronically recorded by KEDGE BS.
It is advisable for Students to print out or to save a copy of the documents on their hard disk.
The Enrolment Confirmation document, the present General Conditions, the School Rules & Regulations and, where necessary, the Joint and Several Guarantee Agreement, are all part and parcel of the contractual package, applicable to the relations between the Student (and, where necessary, to his guarantor) and the School, setting down the reciprocal rights and obligations of the parties.
In the case of a Student being under age, the Enrolment Confirmation document and the present General Conditions should be signed and initialled by both the Student and his legal guardian.
ARTICLE 2 - Schooling at KEDGE BUSINESS SCHOOL. Multi-campus dimension.
The Student enrolling in a training programme administered by KEDGE BS shall become a KEDGE BS Student, regardless of the campus on which he is studying. Prior to his enrolment, he shall specify on which campus (geographical site) he has chosen to study for his first year of schooling.
The KEDGE BS Programme Teaching Rules/ Student’s Guide indicates the specific conditions of each of the School’s campuses, according to which students will be required to adapt over a school year.
ARTICLE 3 - Financial terms
3.1 - School fees: the full Price and the duration of the Programme are specified in the Enrolment Confirmation document. By returning this document duly signed, the Student confirms acceptance of the price.
The Student enrolling in a training programme is registered for the whole period of said programme (even if lasting several years) and shall remain liable for the overall price.
KEDGE BS, on its part, shall determine a fixed price for the whole programme, which should not fluctuate (save impact of the Student’s schooling conditions and entailing supplementary invoicing, such as stated in Article 4).
Fees may be paid in one or several instalments spread over the year, such as stated hereunder and recalled in the Enrolment Confirmation document.
3.2 - Payment terms for the School Fees
3.2.1 - Payment of the full amount at the start of the curriculum
A Student may pay all school fees at the beginning of the curriculum by cheque, bank transfer or bank card (American Express excepted), on or before 30 September of the first school year. Payment online is also possible. No joint and several guarantee shall be demanded in such a case.
3.2.2 - Instalments spread across the year
First year of schooling
On the condition of the Student presenting a Joint and Several Guarantee Agreement signed by a third party residing in France, he may choose to pay the sum specified in the Enrolment Confirmation document for the first
year, i.e. a single instalment on or before 30 September of the first school year by cheque, bank transfer or bank
card (American Express excepted), or to pay in 4 equal instalments by direct debit on 5 October, 5 December, 5 February and 5 April.
Should the Student be unable to present a Joint and Several Guarantee Agreement signed by a third party
residing in France, he shall be obliged to pay 50% of the sum specified in the Enrolment Confirmation document
for the first year, i.e. prior to start of the Autumn term such as indicated on the KEDGE BS Website, and then to
pay the remaining amount on or before 30 September of the first school year by cheque, bank transfer or bank
card (American Express excepted).
Any deposit paid during the enrolment procedure shall be deducted from the school fees. Subsequent school years
On the condition of the Student presenting a joint and several guarantor located in France, the fees may be paid via a single instalment on or before 30 September of the relevant school year by cheque, bank transfer or bank card (American Express excepted), or via Direct Debit in 4 equal instalments on 5 August, 5 October, 5 December and 5 February.
Should the Student be unable to present a joint and several guarantor located in France, he shall be obliged to pay in full his school fees for the year on or before 30 September of the relevant school year by cheque, bank transfer or bank card (American Express excepted).
3.3 - Joint and several guarantee:
A joint and several guarantor shall remain mandatory, including in cases where Students take out a bank loan to finance their studies. The Joint and Several Guarantee Agreement (separate document) should be filled out by the guarantor (identity, handwritten text and signature).
A student may not stand as guarantor for himself. 3.4 - Entry postponement:
The Student having signed the Enrolment Confirmation may, upon due application thereof, postpone his date of entry into the School.
Such entry postponement enables him to reserve his place among the intake (n+1) of the programme (i.e. intake for the next school year). As of when the Student effectively enters the School, he shall benefit from the price agreed in the Enrolment Confirmation document. Postponement is subject to formal approval from the programme director, the Student being charged a penalty of €1,500 (one thousand five hundred Euro).
Any deposit paid during the enrolment procedure shall be deducted from the penalty, the Student only having to pay the remaining amount.
Should the Student decide not to enter the School upon expiry of the entry postponement period, no other sum than the postponement penalty shall be due, the deposit paid having already been deducted from said penalty.
3.5 - Early interruption of schooling (resignation):
In the case of resignation, save a case of force majeure or of a serious and legitimate reason proven by the Student, any year commenced is due in full, the Student being unable to claim refund of the school fees already paid.
In addition, he shall be obliged to pay resignation compensation amounting to 15% of the price indicated in the enrolment confirmation still outstanding up until the end of the programme.
It is recalled that in compensation for such commitment, KEDGE BS guarantees, throughout the duration of the Programme, a place for the Student within the intake, at a determined and fixed price (save any supplementary invoicing pursuant to Article 4).
A Student is considered as having commenced his School Year as of when he is in possession of his Student Card and has started to attend classes.
Any Student dropping out should send his letter of resignation (by recorded delivery with proof of receipt) to KEDGE BS, stating the precise reasons for resignation and enclosing therewith all corresponding proof in order to comprehend the force majeure notion or the real and legitimate reason invoked.
ARTICLE 4 - Schooling procedure
The comprehensive schooling procedure is set down in the Programme Teaching Rules/ Student’s Guide. 4.1 - Events entailing supplementary invoicing.
The price indicated in the Enrolment Confirmation document corresponds to the price invoiced with regard to the Programme.
This price may be modified should any of the following occur:
Conditional promotion (case for Students having been authorised to move up a year, though needing to retrieve the credits or units failed): supplementary invoicing of €100 (one hundred Euro) per credit to be retrieved (a course unit generally represents 5 credits) and €500 (five hundred Euro) per mandatory unit, void of credit though having to be retrieved in order for the diploma to be awarded.
Partial course-year retaking (case for Students not authorised to move up a year, though retaining the credits approved and having to follow and retrieve the non-approved units or credits): invoicing of €100 (one hundred Euro) per credit to be retrieved (a course unit generally represents 5 credits) and €500 (five hundred Euro) per mandatory unit, void of credit though having to be retrieved in order for the diploma to be awarded. Once authorised to move up a year, the Students shall pay the surcharge linked to taking an additional school year, such as indicated in the Enrolment Confirmation document.
Full course-year retaking (case for Students not authorised to move up a year and having to follow and retrieve all the units of the school year that they failed): invoicing of the surcharge linked to taking an additional full school year, such as indicated in the Enrolment Confirmation document.
Academic postponement / Postponement of diploma:invoicing of €1,500 (one thousand five hundred Euro), whether postponed for a term or for a full school year. A direct-debit instalment schedule shall be set up by KEDGE BS for the payment of said charge, stating the due dates and the respective amounts.
4.2 - Undertaking two curriculum simultaneously:
Should a Student decide, during his schooling at KEDGE BS, to enrol in a second KEDGE BS training programme, followed simultaneously (“double diploma” case), he shall benefit from 50% discount on all school fees invoiced for this second course.
4.3 - Studies abroad
Should the Student carry out studies abroad:
KEDGE BS shall nevertheless continue to invoice the full amount, including for the period spent abroad,
the duration and conditions of any studies abroad shall be set down prior to departure, the contractual
relationship between the Student and the partner university being formally recorded in a separate contract. Such Student/partner-university contract shall indicate any additional expenses to be invoiced by the university to the former,
any retaking of units/credits during studies abroad, whether during the given time or an extended period, shall be invoiced to the Student according to the rates of the partner university (eitherdirectly by the partner, or by KEDGE BS should said partner directly invoice the School),
any extension to the study period abroad (for whatever reason), entailing postponement of the diploma, shall be invoiced by KEDGE BS according to the diploma postponement conditions.
4.4 - Temporary break in the training course, solely to gain experience via related activities
Upon acceptance by the relevant programme Head, and subject to having paid his school fees to date, a Student shall be entitled to momentarily interrupt tuition in order to undertake activities solely aimed at gaining experience in relation to his training course, such as provided in Article L. 612-9 of the French Code of Education, modified by Law no. 2011-893 dated 28 July 2011 (Cherpion Law). This situation should not be confused with the sabbatical leave scheme (cf. Special Schemes section).
Work-release agreements are signed pursuant to approval by KEDGE BS, Students, during this period, continuing to benefit from all School services (notably courses online, coaching and access to databases, to the Hub and to community services).
Such period is optional and has no impact on the rate agreed in the Enrolment Confirmation document, insofar as the conditions of the curriculum are observed, such as indicated therein.
4.5 - Special schemes
Sabbatical leave:should a Student wish to take sabbatical leave (period during which he suspends schooling and no longer benefits from the KEDGE BS services), the terms of such leave shall be finalised with the programme Head and with the administrative and accountancy departments of the School.
Upon return to the School, he shall continue to pay the price agreed in the Enrolment Confirmation document. Apprenticeship: in the case of an apprenticeship contract (within the limit of the number of places granted by the Regional Council [Conseil Régional] overseeing the contract), all school fees shall be covered by the company signing the apprenticeship contract.
No invoice shall thus be sent to the apprentice for the period covered by said contract.
Should an invoice have been issued prior to signing an apprenticeship contract, the apprentice shall receive a credit note for said invoice, as of when the apprenticeship contract has been signed.
For periods not covered by the apprenticeship contract:
Any supplementary expenses corresponding to a possible academic postponement and/or to credits/units to be retrieved outside of the periods covered by the apprenticeship contract shall be invoiced directly to the Student pursuant to the conditions fixed herein,
in the case of a breach of the apprenticeship contract, the company shall duly inform KEDGE BS. The Student, no longer being an apprentice, shall be liable, from then onwards, for the school fees indicated in the Enrolment Confirmation document. Concerning the ongoing school year, the amount payable shall be calculated in proportion to the period still remaining. A new invoice shall be issued based thereon and stating the payment instalments.
Vocational Contract: in the case of a vocational contract, the school fees shall be covered by the company and/or by the state collecting authority, OPCA [Organisme Paritaire Collecteur Agréé], with which the vocational contract is signed. OPCA shall finance the school fees, in full or in part, depending on the terms and criteria agreed for each occupational sector:
if coverage by OPCA is only partial, the company shall finance all remaining expenses,
if OPCA/the company cover all expenses in full, the Student shall not be charged any school fees, insofar as the contract is signed before the new school year.
Any school fees covering the period prior to the start of the vocational contract shall be invoiced to the Student. Up until signature of the vocational contract, the Student shall pay his schooling in proportion to the number of hours spent at KEDGE BS. As soon as the Student is considered an “employee”, the invoice shall be sent to the OPCA and/or to the company. The amount shall be calculated according to the number of hours fulfilled over the period concerned. Any absence from School by the Student, without proof thereof, shall be notified to the company, the latter being entitled to deduct the relevant hours from his salary. In the case of a breach of the vocational contract, the Student shall become directly liable for the school fees.
ARTICLE 5 - Payment of school fees by a third party. Payment on behalf of
In the case of KEDGE BS accepting payment of all or part of the school fees by a third party, the Student shall nevertheless remain directly liable for any payments in relation to the School. Hence, all possible reminders for any overdue payment shall be sent directly to the Student, the latter being responsible for ensuring payment on the dates agreed.
In the case of payment of the school fees by a third party, it is advisable for the Student to add the address of said third party (subject to agreement by the latter) to his data on the “Virtual Campus” [Campus Virtuel] intranet site, thereby ensuring the despatch of copies of all reminder letters to the paying third party.
Should the Student benefit from grants via vocational training schemes, e.g. FONGECIF or the Job Centre, he shall only have to pay the difference between the overall amount of the school fees and any such funding:
If the grant is paid directly to KEDGE BS, the Student shall pay the remaining amount in accordance with the provisions of Article 3.
If the grant is paid to the Student, the latter should pay his schooling in full, such as stated in Article 3. ARTICLE 6 – Payment incidents
Considered as a payment incident, within the meaning of the present General Conditions, is, amongst others: rejection by the bank or, more generally, any delay in payment, said delay being based on the terms agreed in the instalment schedule.
Reminder procedure:in the case of late payment or any related incident, the following procedure shall be applied: a) Despatch of a simple reminder letter.
b) If the situation still remains unchanged within 2 weeks [15 days] as of despatch of this first letter, another notification shall be sent to the Student by registered post.
c) Failure to settle the matter within another 2 weeks [15 days] following despatch of the registered letter, a debt collection procedure shall be initiated.
All correspondence shall be sent to the Student to the address indicated by the latter, this being updated whenever
necessary on the “Virtual Campus” [Campus Virtuel] intranet site, the Student having the duty to communicate his
contact details.
Fees:should any such incidents generate expenses invoiced by a financial institution to KEDGE BS, such fees shall be invoiced back to the Student, according to the amount in Euro stated on the documentary proof shown.
In the case of a debt collection procedure being initiated, the Student shall be liable for all expenses deriving therefrom.
Effects:a Student not up to date with payment of his school fees shall be prevented from sitting exams and could be temporarily excluded from using certain services (HUB, Internet connections, etc.), as well as from accessing lessons.
In addition, the School could decide not to award the Student his diploma until full payment of his school fees, issuing instead a simple examination pass certificate.
Early demand for payment:
direct debit payment via regular instalments is none other than ease of payment for the Student. In the event of the occurrence of two incidents (for example, rejection for insufficient funds), the Student shall be obliged to settle the full amount due for the ongoing school year in a single instalment, via cheque, bank transfer or payment card (American Express excepted).
failure to comply with the instalment schedule granted to the Student, said schedule shall be automatically cancelled and the sum shall then be payable in full, as of the first payment incident recorded.
ARTICLE 7 - Means of communication.
Each Student is given access by KEDGE BS to various means of communication between the School and the Student (“Campus Virtuel” and/or “Open Portal”), insofar as the latter, due to his curriculum, is regularly absent from the School sites, however long or short the periods.
The Student, in the event of a payment incident, being sent reminders to the address recorded on Intranet, agrees to maintain up-to-date all such personal information by connecting to the server via his personal login and password transmitted by the School.
If he wishes a third party (a guarantor and/or the person paying) to receive a copy of the reminder letters, he should also indicate the address(es) of said third party/ies (upon the latter’s consent).
ARTICLE 8 -Student behaviour. Commitments of the parties.
Throughout his training period, the Student agrees to notably comply with: the Rules & Regulations of KEDGE BS,
the Programme Teaching Rules/ Student’s Guide,
any work-release agreements signed during the course of schooling,
all recommendations from KEDGE BS general administration department and all rules made known to him during his schooling (notably those concerning exam procedures), as well as all rules in force in partner universities and in establishments or companies taking him on for training.
The Student is obliged to attend all lessons and to sit all exams, as well as to hand in all homework and other tasks requested by the teachers during the course of tuition.
Not only shall the Student show proof of regular attendance, but should also observe punctuality. More generally, he shall adopt an attitude in accordance with the KEDGE BS operating procedures, showing tolerance and respect of his neighbour and paying attention to avoid any behaviour liable to harm the image and reputation of the School. The School:
is committed to providing education in compliance with the rules and regulations in force applicable to its activity, as well as with the authorizations for issuing diplomas and with the standards linked to the accreditations obtained in class,
reserves the right to modify, for teaching purposes, the planned timetables handed out to Students,
reserves the right to modify the services set up in the context of the Programme,
ARTICLE 9 - Insurance
Throughout his training period, the Student agrees to take out the necessary insurance cover for comprehensive health and third-party liability.
He shall be responsible for taking out insurance cover for any possible stay in a foreign country in the context of his schooling (notably assistance and repatriation cover), the Student not being able to claim against the School. He shall further be responsible for his own belongings and may not lodge a complaint with KEDGE BS in the case of loss or theft.
ARTICLE 10 - Administrative file. Services on demand
The Student agrees to provide KEDGE BS administrative services, in accordance with the School’s internal procedures:
the IBAN bank details and direct-debit authorisation, duly filled out, for payment of the school fees (to be submitted along with the Enrolment Confirmation document),
proof of registration with the National Health [Sécurité Sociale] (formalities to be renewed each year) and certificate proving health cover,
where applicable, the Joint and Several Guarantee Agreement duly filled out (to be submitted along with the Enrolment Confirmation document),
all evidentiary documents requested, notably proof or copies of the diplomas required for entry on the training course.
Failing that, the Student shall be refused entry to the School, with no access to lessons or to any of the teaching instruments and no issuance of a Student’s Card. Any deposit paid during the enrolment procedure shall not be refunded, save cancellation within the given time-frame, pursuant to the provisions set down for the competitive entrance exam or stated on the School's Website.
Various services on demand (copy of diplomas, duplicate of record of marks, etc.) may be invoiced separately, according to the price list displayed in the relevant places at the School.
ARTICLE 11 - Use and protection of personal data. Photographic rights
The Student authorises KEDGE BS to use any personal data appearing in the administrative file, and further authorises transmission of said data to the School’s sales’ partners.
Pursuant to the French “Information Technology and Liberties” Law, all Students benefit from a right of access, of modification, of rectification and of deletion of any personal data, this by connecting to the KEDGE BS Website and sending an e-mail with his request via the “Contact” section.
The Student authorises the School to use, non-exclusively, his picture, his name and his age, and further to duly register any element concerning his training course or his career.
If the Student is under age, said authorisation is deemed as having been given by his legal representative or representatives, such as granted upon acceptance of the present General Conditions.
Said authorisation covers all existing communication media, in particular the following: KEDGE BS Website (online data), press media, publications in various brochures, directories and other promotional documents of the School, i.e. posters, advertisements in local, national or international magazines, leaflets, flyers, bookmarks, pens, T-shirts, top images, etc.
Said authorisation concerns all images, interviews and audio or video recordings relating to the Student that the School may have in its possession, whether directly handed over by the Student himself, recorded by the School or received from a third party (subject, in this case, to KEDGE BS observing third party rights). The School shall be entitled to use them in full or in part. In particular, it is noted that in the case of video media, KEDGE BS is authorised to extract photos therefrom.
The present authorisation is valid without any limit of time, nor territory. its purpose being to ensure the presentation and promotion of KEDGE BS activities. KEDGE BS agrees not to transfer to a third party its image bank thus constituted, and not to use it for commercial purposes.
ARTICLE 12 - Termination Clause - Applicable Law. Disputes and Competent Jurisdiction
In the case of definitive exclusion and/or non-payment of the school fees on the agreed due dates (and if the matter is not settled within two weeks [fifteen days] following a notification to pay sent by recorded delivery with proof of receipt), the contract having come into force upon acceptance of the General Conditions by the Student, shall be deemed as terminated by way of the Student.
In such a case, the Student shall be liable for the sums owed for the ongoing year (possibly increased by the expenses generated by payment incidents), KEDGE BS reserving the right to request full payment for the sums agreed in the Enrolment Confirmation document, as well as any possible damages.
On no account may the deposit be considered as any such resignation compensation.
The present contract is governed under French Law. Any dispute possibly arising between KEDGE BS and the Student shall be dealt with pursuant to Common Law.
