Terms of Service
SECTIONS OF PRIVATE EDUCATION ACT ( 1992, c. 68 ):
Art. 70 : No institution may require payment from a client before performance of its obligation has begun, except for the payment of an admission or enrollment fee not in excess of the amount determined in accordance with the regulations of the Minister. No institution may require payment of the client’s obligation, or balance thereof if admission or enrollment fees have been paid, in less than two reasonably equal instalments. The dates on which the instalments become due must be fixed in such a way that they fall approximately at the beginning of each half of the duration, calculated in months, lessons or credits, of the educational services for which the student is enrolled.
Art. 71 : The client may, at any time and at his discretion, cancel the contract by giving notice to that effect by registered mail. The contract shall be canceled by operation of law from the receipt of the notice.
Art. 72 : If the client cancels the contract before the provision of services has begun, the institution cannot demand compensation in excess of the amount obtained by subtracting the admission or enrollment fees from the lesser of the following two amounts: the maximum amount determined in accordance with the regulations of the Minister, and an amount representing not more than 1/10 of the total price agreed upon for the services.
Art. 73 : If the client cancels the contract after the provision or services has begun, the institution may demand only the following amounts from the client:
1° The price of the services provided calculated in months, lessons, or credits as specified in the contract.
2° As penalty, the amount obtained by subtracting the admission or enrollment fees from the lesser of the following two amounts: the maximum amount determined in accordance with the regulations of the Minister, and an amount representing not more than 1/10 of the total price agreed upon for the services.
Art. 74 : In the ten days following the cancellation of the contract, the institution must return to the client the amounts it has received in excess of those to which it is entitled.
Art. 75 : The client may demand that the contract be annulled if he becomes aware that the student was admitted to the educational services concerned in contravention of the provisions governing admission to those services.
6 – REFUND POLICY & OTHER CONTRACT CONDITIONS:
- REGISTRATION FEES, REGISTRATION FEES AND MATERIAL FEES ARE NOT REFUNDABLE.
- Any student who cancels a course, the whole program or otherwise leaves the college must send a written notice by registered mail.
- Courses and programs are offered when enough students are registered.
- Student must respect the rules of the institution that are given to them at the beginning of the program.
- Student borrowing equipment is responsible for it. Any equipment not returned or lost will be charged to the student’s account at the replacement value of the equipment.
- PROTECTION OR PERSONAL INFORMATIONS : The school is governed by the Privacy Act from Justice laws. In order for a third party to obtain information on the financial and/or academic record, a written notice signed by the student is required on file.
- Expected payments are not dependent on external financial assistance (loans, grants, etc.).
- In the event of a cancelation, the amount due is calculated in months of services rendered and added to the applicable penalty of $ 300 for the Canadian citizen student (or permanent resident) or $ 800 for the international student.
These amounts are set in accordance with the authorized amounts stipulated in section 17 of the Regulation respecting private educational institutions at the college level (see below).
RULES FOR DETERMINING THE INDEMNITY REFERRED TO IN SECTION 72 AND THE PENALTY REFERRED TO IN ARTICLE 73
- The maximum amount referred to in sections 72 and 73 of the Act respecting private education (chapter E-9.1) to determine the compensation or penalty referred to in those sections shall be $500 if the student is a Canadian citizen or permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27), or $1,500 if such is not the case. M.O. 93-09-01, s. 17; M.O. 98-10-13, s. 3.
- Musitechnic reserves the right to reimburse amounts due in the form of payment of its choice.
- Additional costs:
10.1 If fees are not paid by the term fee payment deadline, a late payment penalty of 10$ per day will be added to the due amount, until the due amount has been fully paid.
10.2 Failure to make payment by the stated deadline may result in the withholding of future services by Musitechnic and the suspension of access privileges to Musitechnic’s facilities.
10.3 For all bank transfers, a $15 fee will be applied to the transaction amounts.
11. The following is a breakdown of the fees for the cancelation of the contract in the case of failed standing or in the case of a request from the student to withdraw from the program:
11.1 From the 1st to the 15th day of the month: 525 $
11.2 From the 16th to the 31st of the month: 1 050 $
In addition, in the case of a request from the student to withdraw from the program, the following fees will be assessed:
– For Canadien citizens and Permanent Residents: 500.00$
– For International Students: 1500.00$
Warranties, representations and indemnities
If you use our Services, you represent and warrant the following:
- you are at least fourteen (14) years of age and the age prescribed for legally entering into and forming contracts under applicable law (if you are under the age prescribed in the country in which you reside, you have reviewed these Terms with your parent or guardian to ensure that you understand and are legally entitled to accept to be bound by them, your acceptance of them meaning that you represent and warrant that you have the legal capacity to be bound by these Terms);
- you have the right and authority to enter into these Terms and Conditions and to grant us all specified rights;
Disclaimer of Warranty and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MUSITECHNIC FORMATION MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE SERVICES AND PRODUCTS, INCLUDING THAT THE SERVICES AND PRODUCTS WILL MEET YOUR REQUIREMENTS OR WILL WORK IN CONJUNCTION WITH HARDWARE, SOFTWARE, CONTENT OR DATA PROVIDED BY THIRD PARTIES THAT THE SERVICES AND SAMPLES WILL NOT BE INTERRUPTED, THAT THERE WILL BE NO PROBLEMS OR ERRORS OR THAT ALL ERRORS IN THE SERVICES AND SAMPLES WILL BE CORRECTED. MUSITECHNIC FORMATION PROVIDES SERVICES AND PRODUCTS “AS IS” AND “ACCORDING TO THEIR AVAILABILITY”.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN BY MUSITECHNIC FORMATION ARE EXCLUSIVE AND SUPERSEDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR BY THE APPLICATION OF LAWS, CUSTOMS, ORAL OR WRITTEN OR OTHER REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY EXCLUDED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MUSITECHNIC FORMATION , ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND LICENSEES SHALL IN NO EVENT BE LIABLE IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY FOR DIRECT DAMAGES IN THE CASE OF SAMPLES AND SERVICES, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR PUNITIVE OF ANY KIND OR LOSS (DIRECT OR INDIRECT) OF INCOME OR PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR GOODWILL, LOSS OR CORRUPTION, UNAUTHORIZED ACCESS OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSSES ARISING OUT OF OR RELATING TO THE USE, PERFORMANCE, FAILURE OR INTERRUPTION OF BROADCASTING SERVICES, WHETHER FORESEEABLE OR NOT, AND EVEN IF MUSITECHNIC FORMATION HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT MUSITECHNIC FORMATION IS LIABLE TO PAY YOU DAMAGE, MUSITECHNIC FORMATION’s TOTAL CUMULATIVE LIABILITY TO YOU UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED US$100. THE ABOVE LIMITATIONS OF LIABILITY SHALL REMAIN UNAFFECTED EVEN IF ANY REMEDY PROVIDED FOR HEREIN DOES NOT ACHIEVE ITS ESSENTIAL PURPOSE.
If applicable, these Terms and Conditions may be revised by us and the most recent version will be posted on our website at any time. In the event that a change significantly reduces your rights, we will notify you (for example, by sending you a message to the email address associated with your account, or by posting a post on our blog or website). You agree to review these Terms of service from time to time and, in any event, whenever we notify you that changes have been made to these Terms; your continued use of or access to the Services after the changes become effective also constitutes your agreement to be bound by these revised Terms.
These Terms and Conditions shall be governed by and construed in accordance with the applicable laws of the Province of Quebec, Canada. The parties hereby irrevocably submit and attorn to the jurisdiction of the courts of the district of Montreal, in the province of Quebec.
These Terms constitute the entire exclusive agreement between Musitechnic Formation and you with respect to the Services, and these Terms supersede any prior agreements between Musitechnic Formation and you with respect to the Services.
You may not assign or transfer these Terms or any rights or obligations hereunder to any third party without the prior written consent of Musitechnic Formation, in its sole discretion. An assignment or delegation by you will not relieve you of any of your obligations under these Terms. Subject to the foregoing, these Terms and Conditions shall be binding on each party and their successors and assigns, and shall apply for their benefit and be binding on them. Musitechnic Formation has the right to assign these Terms to a third party without your consent in which case Musitechnic Formation will only be released from its obligations to you hereunder if the transferee undertakes in writing to assume and be bound by such obligations.
Nothing in this Agreement constitutes a partnership or joint venture between you and Musitechnic Formation.
If any provision of these Terms and Conditions is found to be invalid in any jurisdiction by a court of competent jurisdiction, the provision shall be deemed to be severed from these Terms and Conditions for that particular jurisdiction and shall not affect the validity of these Terms and Conditions as a whole.
The Parties have expressly requested that this Agreement be written in English and that any modification to it may also be made in that language.
If you have any requests, concerns, questions or complaints about these Terms of service that you would like to address to Customer Service, please contact Musitechnic Formation at the following address:
This Agreement was last updated on Nov. 25, 2020.