GTCs
General Terms and Conditions for the Services of Upside Education GmbH
Date: 26 July 2026
1. Subject Matter of the Contract
Upside Education GmbH (hereinafter “Upside“) offers individual tutoring and learning coaching services for students of all ages. The services are provided by qualified teachers/tutors and include, but are not limited to, subject-specific support, the promotion of learning strategies, as well as motivation and self-organization. The selection of the teachers/tutors is the responsibility of Upside.
Lessons are generally held in a one-on-one setting. The location and format (in-person lessons at the student’s home, online lessons, or at a mutually agreed location) and content are individually coordinated. The content, scope, and goals of the lessons are based on the initial assessment, the jointly developed learning plan, and the ongoing needs of the student.
Upside does not offer official examinations or legally binding educational degrees. Upside does not issue grades. No guarantee is given for specific learning achievements (e.g., improvement in grades or passing exams), as success fundamentally depends on the active participation of the student.
2. Formation of the Contract
The agreement for tutoring services for the student (hereinafter the “Agreement“) is concluded between Upside and the legal guardians, or directly with the student if they are of legal age (hereinafter “Client“).
The Agreement becomes legally binding upon Upside’s written confirmation via email (hereinafter “Confirmation“) of the services previously requested and agreed upon with the Client.
The GTC are attached to the Confirmation and form an integral part of the Agreement. By attending the first lesson, the GTC are deemed accepted by the Client.
3. Duration
The Agreement can be concluded either for a fixed term or an indefinite term:
- Fixed Term: The number of lessons and goals are determined in advance and confirmed in writing.
- Indefinite Term: Lessons are continuously scheduled without a fixed total duration.
The Client may terminate the Agreement at any time with one week’s written notice. This applies to both fixed and indefinite terms. Lessons already paid for in advance but not yet taken will be proportionally reimbursed by Upside.
The time of receipt of the written termination by Upside shall be deemed the time of termination.
4. Satisfaction Guarantee
It is important to Upside that the Client is satisfied with the lessons. If the Client determines after the first lesson that the tutoring does not meet their expectations, they may terminate the Agreement and only pay for the first lesson.
For this Satisfaction Guarantee to be effective, Upside must be informed in writing no later than two working days after the first lesson. After this period, the notice periods according to Section 3 shall apply.
5. Payment Terms
FThe price for the agreed-upon lessons is set out in the Confirmation.
For indefinite terms, invoicing occurs monthly in advance for the planned lessons. For fixed terms, the invoice for the entire agreed number of hours is issued after the first lesson.
Invoices are due for payment within 20 days from the invoice date. If payment is not made on time, Upside is entitled to suspend further lessons until the outstanding claims are fully settled.
6. Cancellation and Rescheduling
Principle
Lesson dates are agreed in advance on a binding basis, usually for one calendar month. The reserved time slots are held exclusively for the respective student and, at short notice, generally cannot be allocated to another student.
Accordingly, agreed lessons remain chargeable even if they are cancelled and may neither be credited nor rescheduled without the consent of the responsible teacher.
Holidays, camps, sporting events, birthdays and other private commitments are not considered valid reasons and must be taken into account when planning the monthly schedule. Exceptions are possible only in the event of illness or other important, unforeseen circumstances, in accordance with the provisions below.
Rescheduling
A lesson may generally be rescheduled only in the event of illness or other important, unforeseen circumstances and requires the consent of the responsible teacher. Any request to reschedule must in all cases be communicated at least 24 hours before the agreed lesson time.
There is no entitlement to a replacement lesson. If no alternative date can be offered, the lesson remains chargeable.
Illness or Valid Reasons
In the event of illness or other valid reasons, the teacher will make reasonable efforts to offer an alternative lesson date. However, there is no entitlement to a replacement lesson.
If a request to reschedule or a notification is made less than 24 hours before the start of the lesson, the lesson will be charged in full if rescheduling is not possible.
Termination of the Assignment
Should regular attendance no longer be possible, the assignment may be terminated in accordance with Section 3.
7. Liability
We make every effort to provide high-quality tutoring. Nevertheless, we cannot assume any guarantee for learning success, as this depends on various factors.
Furthermore, liability for damages and consequential damages that may be caused by teachers/tutors in the performance of contractual duties is waived to the extent legally permissible.
Upside assumes no liability for damages arising from force majeure (e.g., illness of the teacher/tutor) or unforeseeable events (e.g., late arrival of the teacher/tutor due to an accident of their own or a third party, etc.). In such cases, Upside will endeavor to find a substitute solution.
8. Data Protection
The protection of Client data is important to Upside. Upside collects and uses personal data exclusively for the organization of lessons, invoicing, and communication.
Details can be found in Upside’s Data Protection Policy, which is provided to the Client upon request and is available on Upside’s homepage.
9. Contact & Communication
The Client agrees that all correspondence related to the Agreement—including invoices, notices, and information regarding the lessons—will take place via email. This form of communication is equated with the requirement for written form and is considered legally binding.
In addition, communication for scheduling and organizational coordination may take place via WhatsApp chats provided by Upside Education. These chats serve exclusively for scheduling and organizational questions, but not for the transmission of sensitive data.
The Client is obliged to immediately inform Upside of any changes to their contact details (email address, telephone number). Messages are considered delivered as soon as they have been transmitted to the last provided address or telephone number.
For questions, schedule changes, or other concerns, Upside is available at any time by email at info@upside-education.ch or by phone at +41 44 888 14 28.
10. Non-Competition Clause
Without Upside’s written consent, the Client may not directly or indirectly employ Upside’s teachers/tutors and/or former teachers/tutors, either on their own account or on behalf of a third party, or compete with Upside in any other way, e.g., by placing current or former teachers/tutors with Upside’s competitors. This prohibition applies up to one year after the termination of the Agreement and is limited to the territory of Switzerland.
In case of violations of this Non-Competition Clause, the Client shall owe a contractual penalty in the amount of CHF 5,000 for each month during which the violation continues. The payment of the contractual penalty neither releases the Client from the obligation to pay damages nor from compliance with the obligations under this Agreement. In particular, Upside remains entitled to demand the cessation or omission of the Client’s behaviour contrary to the Agreement.
11. Miscellaneous
Agreements between Upside and the Client that deviate from these GTC must be made in writing.
Upside reserves the right to amend these GTC to reflect changes in legal or organizational frameworks. Changes will be communicated to the Client in a timely manner and will apply from the next agreed-upon term.
The Swiss Code of Obligations shall apply supplementarily to this Agreement.
The exclusive place of jurisdiction for any disputes is the registered office of Upside.