THE CONTRACT FOR INFORMATION AND CONSULTING SERVICES AND SERVICES FOR AN ORGANIZATION OF STUDIES IN GERMANY
TK CONSULTING UG (haftungsbeschränkt) hereinafter referred to as the “Contractor”, represented by the director Aslanov Kamran, included in the Commercial Register of Kiel under the number HRB 18633 Kl on the one hand, and the person, who wishes to obtain the services provided by the Contractor for himself/herself or for a third party, hereinafter referred to as the “Customer” on the other hand, together referred to as “Parties”, have signed the present Contract as follows:
1. TERMS AND DEFINITIONS
The Customer is a person, who is willing to obtain the services provided by the Contractor for himself/herself or for a third party;
The Contractor is the TK CONSULTING UG (haftungsbeschränkt), that undertakes to provide information and consulting services and services for an organisation of studies in Germany;
The foreign educational institution is an educational institution in Germany chosen by the Customer for the provision of educational services, which renders the services on the basis of payment transferred by the Customer to the account of the educational institution;
The Application is a document which contains criteria for the selection by the Customer of educational institutions and study programs, and which is considered to be an acceptance of the Customer, meaning an acceptance of the conditions of the Offer of the Contractor (the present Contract and the documents attached to it). Sending the Application by e-mail or making payment for the services of the Contractor means the consent of the Customer with the conditions of the Offer of the Contractor.
2. SCOPE OF THE CONTRACT
2.1. The scope of the present Contract is the provision of consulting and additional services to the Customer for the organisation of his/her studies in Germany. The obligations of the Contractor to provide consulting services extend to the following areas:
- Education in Germany. Overview of study programs, conditions, requirements and an enrolment procedure in educational institutions;
- Selection of the study program in accordance with the requirements of the Customer; - Services for sending documents of the Customer to the educational institution for the purpose of admission to the selected study program;
- Opening a bank account in a German bank in the name of the Customer (necessary condition for obtaining a visa);
- Support when applying for a visa.
2.2. Within the framework of the present Contract, the Contractor, on the request of the Customer, can provide services for concluding a health insurance contract between the Customer and the Insurer, as well as other additional services.
2.3. The present Contract and its annexes (public offer) are posted on the publicly available website of the Contractor which is www.german-edu.de.
3. OBLIGATIONS OF THE PARTIES
The Contractor undertakes to carry out the following obligations:
3.1.1. To consult the Customer on the programs and study conditions offered by German educational institutions, to consult on the educational system, options and specifics of living in accordance with the Customer's Application;
3.1.2. To select study programs in accordance with individual requests (in accordance with the Application) of the Customer;
3.1.3. To make the Customer familiar with the enrolment procedure of study programs chosen by the Customer, with the general requirements of enrollment process for the selected program and the requirements of German educational institution. To make the Customer familiar with advertising materials, catalogs, brochures of German educational institutions;
3.1.4. To assist in preparing the application and booking the program at the educational institution chosen by the Customer;
3.1.5. To assist in the enrollment in the study program chosen by the Customer (selection of an educational institution, getting an address of residence);
3.1.6. To receive the confirmation of booking and enrollment of the Customer for the study program;
3.1.7. To receive the invoice for the study program and services of the educational institution with the subsequent transfer to the Customer for further payment of these services using the account details specified in the invoice;
3.1.8. To consult the Customer on obtaining an entry visa, providing other additional services on the request of the Customer and in accordance with the individual preferences (in accordance with the Application) of the Customer.
3.2. The obligations indicated above shall be determined in accordance with the Customer's Application. The Contractor undertakes to begin with performing the obligations immediately after receiving payment from the Customer for the services of the Contractor, in accordance with the paragraph 5.1.1.of the present Contract; 3.3. The Customer undertakes to carry out the following obligations:
3.3.1. To get familiar with the terms of the present Contract and work curriculum of the Contractor, as well as the entry / exit rules of the Federal Republic of Germany. To comply with the rules of conduct, the study curriculum in foreign institutions, respect the legislation of the host country;
3.3.2. To provide all necessary and reliable information, as well as documents (passport, etc.) necessary for booking a study course in Germany (including documents for issuing an entry visa), within a period not later than 7 days after concluding the present Contract. In the case of children traveling alone or with only one parent, parents must complete the documents established by the legislation which give permission to their child to travel, including a notarised letter of attorney (consent) for the child's travel in accordance with the present legislation. When crossing the border, the original birth certificate of the child must be carried during the travel.
3.3.3. To apply to the Embassy (Consulate) of Germany independently. Moreover, to fulfill the requirements of the Embassy (Consulate) of Germany, to prepare the documents in accordance with the requirements and always appear in the interview in case of request;
3.3.4. To pay the fees of study program to the educational institution and services of TK CONSULTING UG (haftungsbeschränkt) within 7 days on the basis of an invoice issued by the educational institution and TK CONSULTING UG (haftungsbeschränkt) in the name of the Customer.
3.3.5. The Customer is obliged to get familiar with the "Terms of enrolment for the program and the use of educational services" in the educational institution he has chosen. The rules and requirements of the German educational institution chosen by the Customer shall be clarified by the Customer on the website of the corresponding institution or with the Contractor.
4. SPECIAL CONDITIONS
4.1. The Contractor is not a Party in the implementation of the study program of the German educational institution chosen by the Customer. Educational relationships arise between the Customer and the educational institution. The fees of the school study program and the terms of the booking are public information which can be found on the website of the corresponding educational institution.
4.2. The insurance policy is an independent contract between the Customer and the Insurer. The insurance contract is a separate legal relationship with two Parties, namely the Insurer and the Customer.
4.3. The Contractor shall inform the Customer about the necessity of health insurance for travelers as well as about the possibility of voluntary insurance in case of the travel cancellation.
4.4. The Contractor shall provide the Customer with information on the requirements of the German consular departments for visa documents. The processing of an application (application for a visa) and the decision is carried out by the Consulate (Embassy) of the competent government in whose consular district the applicant lives.
5.1. Payment for services of the Contractor:
5.1.1. The fee of rendering services by the Contractor under the Contract (according to the Application) shall be paid in euros. Payment shall be made within 7 days to the settlement account of the Contractor. Services are considered to be paid from the moment when payment is credited to the account or to the cashier of the Contractor.
5.1.2. The fee of the Contractor's services shall be determined at the time of the Application.
5.1.3. The fee of third party services shall be paid in accordance with prices set by a third party.
6. AMENDMENT, TERMINATION OF THE CONTRACT
6.1. The contract can be amended, terminated ahead of schedule:
6.1.1. By mutual agreement of the Parties.
6.1.2. If the Customer fails to provide the documents or funds necessary for the Contractor to perform the present Contract within the period specified by the Contract.
6.1.3. In the case when none of the Parties is liable for the inability to travel (visa denial, illness, etc.), at the initiative of the Customer or the Contractor.
6.2. Upon termination of the Contract in accordance with the paragraphs 6.1.1., 6.1.2., and 6.1.3. funds paid under the Contract for the services of the Contractor are not subject to return. In addition, the actual costs incurred by the Contractor caused by termination of the present Contract are subject to reimbursement.
6.3. Terms of amendment, termination of legal relations with foreign educational institutions shall be clarified by the Customer on the website of the corresponding institution, or with the Contractor. If the Customer wishes to amend the terms of the previously ordered study program, namely: the dates of studies, the conditions of living, duration of studies, etc., the previous Application is deemed canceled, and the Customer must complete the new Application and pay the additional costs associated with it.
6.4. The Contractor shall inform the Customer that according to the rules of foreign educational institutions, for each amendment of conditions (including for correcting mistakes when writing surnames), the Customer is obliged to reimburse the costs set by educational institutions in the form of fixed payment.
6.5. In case a foreign educational institution refuses to provide services to the Customer for any reason, the contractual cost of the Contractor's services as well as expenses incurred by the Contractor to fulfill the Customer's requests, are not refundable.
6.6. The Parties shall jointly take all possible measures to minimize the Customer's expenses associated with the termination of the present Contract.
6.7. The date of amending the terms of the Contract, the cancellation of booking is the date when the Contractor receives the written application from the Contractor.
7. LIABILITY OF THE PARTIES
7.1. The Contractor is liable for the fulfillment of the obligations taken within the framework of the present Contact and within the amounts that are considered to be the payment for the work and services of the Contractor. All mutual payments for study programs are made between the educational institution and the Customer.
7.2. The Contractor is not liable for the actions of third parties (Embassies and Consulates of Germany, air carriers, insurance companies and other organisations associated with the Customer's travel to the country of studying), as well as for violations by the Customer of the rules established by foreign educational institutions and host countries. The risk of financial liability shall be borne by the Customer. The deportation of the Customer from the country of studying in all cases (including for violation of the rules of conduct in the educational institution) takes place at the expense of the Customer, without compensation for shortening the period of stay.
7.3. The Contractor is not liable for problems arising in obtaining a visa, passing through passport and customs control, for the correct completion of the Customer's passports, as well as the specified additional information.
7.4. The Contractor uses information and advertising materials provided by German educational institutions and is not liable for possible inaccuracies made in the catalogs of educational institutions and other advertising brochures, as they have been prepared without the participation of the Contractor and are used as auxiliary, reference materials.
8. OTHER CONDITIONS
The Customer is obliged to independently obtain information on the safety rules (including the necessity to comply with the rules for personal security), on currency, customs, border, medical, sanitary and epidemiological rules; on the rules of conduct during the travel, including the importance of respecting local traditions and customs, respect for cultural heritage and the environment, and other rules; about the organisation of the transfer upon arrival in the country of studying and the measures to be taken in case the Customer cannot find the welcomer, about the requirements imposed by the competent authorities for travel documents.
9. GENERAL PROVISIONS
9.1. The Parties acknowledge facsimile (electronic) communication as an official way of transmitting information within the framework of the present Contract, by means of which it is possible to amend, terminate the legal relations between the Parties. Messages sent from the e-mail addresses specified in the present Contract are the proper identification of the sender's will.
9.2. The annexes to the present Contract are to be considered its integral part and are legally binding only on condition of being signed by both Parties.
10. FINAL PROVISIONS
Amendments and addenda to the present Contract are made by mutual consent of the Parties in a written form. The present Contract supersedes all agreements reached before its conclusion with regard to the relations regulated by the present Contract.
In case any provision of the present Contract is or becomes invalid, the validity of the other provisions is thereby not affected. In this case, the Parties undertake to agree on a new valid and appropriate condition that is most in line with the economic goal pursued by the Parties and expressed in an invalid provision. The same applies to issues that are not regulated by the present Contract.
All disputes arising due to the present Contract shall be considered by the competent court functioning at the place of residence of the Contractor. The law of the Federal Republic of Germany is applicable.