§ 1 General Terms, Drawing Up of Contract (Updated 18.10.2020)
- The contractual agreement between EDU Germany UG (hereafter referred to as “EDU Germany”) and the Client is subject to the following Terms and Conditions exclusively.
- EDU Germany is a private service provider for international applicants for a German language course, Bachelor’s or Master’s degree at German universities and courses at vocational schools. The main role of EDU Germany is supporting its clients in their application process. EDU Germany is not connected to the universities or schools.
- A contract between the client and EDU Germany shall only have effect once the package fees have been received in full and credited to the client’s account.
§ 2 Right of Revocation
- Right of Withdrawal: Insofar as the client acts as a consumer within the scope of legal stipulations, they may withdraw their contract within 14 days of receiving this Right of Revocation without stating their reasons for so doing. If the client does not receive the Right of Revocation until after the contract has been signed, the withdrawal period shall be one month.
- The withdrawal is to be sent in writing or in text form (e.g. by contact form) to: EDU Germany, Postfach 110444, 10834 Berlin, via contact form at https://germany-edu.com or via email to firstname.lastname@example.org. Observance of these deadlines merely requires the client to have sent their withdrawal on time. The right of withdrawal lapses early if the contract has been completely fulfilled on both sides at the express request of the client before he has made use of his Right of Withdrawal.
- Consequences of Withdrawal: In the case of a withdrawal (revocation of the service contract), any performance received and emoluments taken are to be returned. Especially if restitution or return is excluded by the nature of what has been obtained, then in lieu of restitution or return the obligor must provide compensation for value. If EDU Germany has already processed an application, then in the case of a withdrawal (revocation of an application or application form) an administration fee to the amount of 10,00 EUR will be charged. If the application has already been processed in full by EDU Germany, then the full fee according to § 7 will apply. EDU Germany’s processing with respect to the aforementioned ruling begins once the application has been registered in our system.
§ 3 Scope of Service
EDU Germany’s services essentially comprise the following:
- Provision of an online questionnaire or interview to find out the applicant’s educational background and study preferences. Further consultation takes place via email, telephone, Skype and personal consultation in Berlin.
- Assessment of the university entrance qualification according to the guidelines of the Central Office of Foreign Education (ZaB).
- Comparison of the applicant’s preferences with the criteria of the individual study programs at German universities.
- Passing on a recommendation to the applicant and precise instructions to make the application(s) successful.
- Preliminary examination of the documents in order to forward only promising applications and thus save money for the applicant.
- Support in applying for a German visa and arriving in Germany.
- Accompaniment of the application from the booking of the package to the offer of a study place.
At the moment EDU Germany provides 4 packages:
- EDU German language package (private): This service includes finding a suitable language course at a private language school with the aim of meeting the language requirements at German universities.
- EDU German language package (university): This service includes finding a suitable preparatory language course at a university with the aim of meeting the language requirements at German universities.
- EDU preparatory package (Studienkolleg): This service includes the search for a suitable placement at a so-called Studienkolleg in Germany.
- EDU undergraduate package (Bachelor, Staatsexamen): This service includes the search for a suitable Bachelor’s or Staatsexamen programme.
- EDU graduate package (Master): This service includes the search for a suitable placement Master’s programme.
§ 4 EDU Placement Guarantee
A guarantee is given to all applicants without exceptions. The guarantee concerns the payment of the EDU packages. This is only due when the application has been successful. This means that there must be at least one acceptance or invitation letter to an entrance test, interview or similar.
§ 5 Condition of services provided by EDU Germany
- EDU Germany will only begin performing the services described under § 3 once the necessary documents (the set of documents needed can be differ from client to client) has been received and registered and the registration fee according to § 7 has been received and allocated.
§ 6 Liability Exclusion
- The evaluation of study Applicants’ documents is carried out with due diligence and to the best of our knowledge.
- EDU Germany shall only be held liable for damages or losses insofar as EDU Germany or its legal representatives or assistants can be charged with wilful intent or gross negligence. In the case of a violation of essential contractual duties, debtor’s delay or impossibility of service provision for which EDU Germany is responsible, however, EDU Germany shall be held liable for all negligent conduct of its legal representatives or assistants. The same applies to liability for damages stemming from life, bodily or health damages.
- Excluding wilful intent or gross negligence on the part of EDU Germany, its legal representatives or its assistants, all and any liability shall be restricted in terms of amount to damages typically foreseen upon signing of contract. This does not apply to liability for damages stemming from life, bodily or health damages.
- Liability for the replacement of consequential damages, especially for any loss of profit, shall only exist insofar as EDU Germany or its legal representatives or assistants can be charged with wilful intent or gross negligence.
§ 7 Registration and Package Fees
The amount of the registration and package fees are subject to change. The currently valid package fees apply pursuant to the information at the web page. https://germany-edu.com/#packages. All other fees that may apply in the application process like uni-assist fees, university handling fees, language course fees, programme fees, visa fees, certification fees, translation fees, sending fees etc. are not included in our package fees.
§ 8 Refund Policy
- If the amount of fees paid by the client is too high and the credit is not intended to be used for further services, the credit will be refunded in full.
- If clients have a credit, they will be asked to name a bank account in an EU/EEA member state. The credit will then be transferred back into the account in that EU/EEA member state in line with customary EU/EEA bank cost rates. If the client can not provide a bank account in an EU/EEA member state, they must give their explicit consent that they shall bear the higher refunding costs to an account outside Europe.
- The Right of Revocation according to § 2 is not affected by the aforementioned ruling
§ 9 Conditions of Payment
The payment of the registration fee by the client shall be carried out in advance. EDU Germany will only begin processing applications once the registration fee has reached us and been allocated. In addition, the not included application fees for uni-assist and other universities must be paid to EDU Germany before the applications are sent to the respective universities. The package fees are only due after successful admission (admission) letter or invitation to an entrance examination, aptitude test, personal interview or similar parts of the selection process that cannot be taken over by EDU Germany with an authorisation given by the applicant.
§ 10 Data Protection
- EDU Germany commits itself to comply with the applicable data protection regulations including the EU General Data Protection Regulation (GDPR) and the new German Federal Act on Data Protection (Bundesdatenschutzgesetz 2017, BDSG-2017).
- Information on data processing according to Article 13 GDPR (last updated May 23, 2018) is provided at https://germany-edu.com/privacy-policy/
§ 11 Receipt and Return of Documents
- EDU Germany generally does not send any documents back to clients. Clients must themselves ensure that no original documents are submitted, only authenticated copies of these!
- In exceptional cases where EDU Germany does send documents back to clients, a standard administration fee of 20,00 EUR will be charged to cover expenses. 3. This does not affect the Right of Revocation as per § 2.
§ 12 Choice of Law, Court of Jurisdiction
- The contractual agreement between EDU Germany and the client shall be governed by the law of the Federal Republic of Germany. This legal stipulation excludes the mandatory consumer protection regulations of the country in which the client is normally resident.
- Insofar as the client does not act as a consumer within the scope of legal stipulations, the exclusive Court of Jurisdiction in all contractual and criminal disputes arising from the contractual agreement between the client and EDU Germany shall be Berlin.
§ 13 Dispute Resolution
The European Commission provides an online dispute resolution (OS) platform, which you can find at https://ec.europa.eu/consumers/odr. We are prepared to participate in dispute settlement proceedings before a consumer arbitration board.
§ 14 Amendments to these Terms, Salvatory Clause
1. The stipulations of these Terms and Conditions can only be amended in written form. This also applies to the written form requirement pursuant to these terms. 2. Should any stipulation of these terms become ineffective or inexecutable, the effectiveness of the remaining stipulations shall remain unaffected. In place of the ineffective or inexecutable stipulation, an effective and executable ruling shall come into force whose effect shall match as closely as possible the economic objectives pursued by the contractual parties via the ineffective or inexecutable stipulation.