General Terms and Conditions

General Terms and Conditions (AGB)

of the portal of KS Systems GmbH (“StudyInFocus”) for information on studying in Germany and for the brokerage of insurance services or other services connected with studying and/or residing in Germany.

This translation is provided to the customer solely as an aid. The German text of the General Terms and Conditions is binding in every respect. In the event of any discrepancy between the English and German texts, meanings or interpretations, only the German text and its structure, meaning or interpretation shall apply.

I. General Part

1. Scope, Choice of Law, Language

These General Terms and Conditions (AGB) comprise a general part in this Section I. and, in Section II., special provisions for individual services (“special part”). Unless expressly provided otherwise, the provisions of the general part apply supplementarily to the provision of the individual services governed by the special part.

By using the services offered by StudyInFocus, these terms are deemed agreed, unless something else has been expressly agreed in writing or is mandatorily prescribed by law. The version of the AGB currently published on the website studyinfocus.com (studyinfocus.ru, studyinfocus.de), which you can access at https://studyinfocus.com/terms/, applies in each case. Any terms and conditions of the contracting party that deviate from these AGB shall not apply.

These AGB do not apply to contractual or other legal relationships between users and third parties, even if such contractual or legal relationships have come about via StudyInFocus.

The contractual relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the conflict-of-laws rules of the EGBGB (Introductory Act to the German Civil Code).

The German version of the AGB is binding. The English version is provided for information purposes only.

2. Subject Matter of the Services

StudyInFocus offers consulting services for applications to German educational institutions and related matters.

All StudyInFocus services are sold as described on the portal as a public offer (public offer to contract), without the need to conclude a written contract.

StudyInFocus provides the users of its portal with free information about studying and residing in Germany, as well as an online application (“Application App”) for managing applications to educational institutions.

StudyInFocus further provides information on (insurance) tariffs and prices of cooperation partners and brokers contracts between users and these cooperation partners, e.g. when opening the blocked account (Sperrkonto) offered by Fintiba/Sutor.

Furthermore, with regard to individual offers, StudyInFocus acts as an insurance agent within the meaning of the German Insurance Contract Act (Versicherungsvertragsgesetz, VVG). Individual service descriptions can be found in the special part of the AGB.

3. Scope of Services

The Company may act on behalf of the Applicant vis-à-vis universities, Studienkollegs (preparatory colleges), language courses and other organisations and may represent the Applicant’s interests in connection with the services provided without additional notification to the Client. This includes, among other things, the creation of user accounts in the information systems of universities, Studienkollegs, uni-assist, e-mail services, blocked account providers, insurance companies and other electronic user accounts. The access data for these systems will be handed over to the Client upon completion of the service or at the Client’s request. Upon handover of the access data to the Client, the Company no longer assumes any responsibility for the activities carried out in these systems. All related services shall be deemed to have been rendered in full.

4. Terms of Payment

Payment is made online or by bank transfer in advance. If the Client withdraws from the service before its completion, the advance payment will not be refunded.

Payment online or by bank transfer after an invoice has been issued to the Client constitutes an official order and confirms the Client’s acceptance of these terms.

5. Liability

The Company’s services are predominantly advisory in nature. The Company is not liable for the actions of the Applicant or of third parties. In addition, the Company gives no guarantee of admission to a German university, receipt of an invitation to study, successful completion of examinations, obtaining a visa or any other results.

With regard to the information provided free of charge by StudyInFocus, StudyInFocus endeavours to ensure that it is always up to date, complete and accurate. However, changes in case law, in legislation or in the conditions of the cooperation partners may result in individual items of information no longer being up to date. StudyInFocus therefore – with the exception of information provided in the course of any advice pursuant to § 61 VVG – in principle assumes no liability for information made available to users in the course of the service offered. None of the information is to be understood as the giving of a guarantee or warranty. In particular, the services of StudyInFocus do not include legal or tax advice.

StudyInFocus does not warrant that all, or even some, of the offers available on the market in the selected service segment are included in the presentation of offers so as to enable Clients to compare offers. StudyInFocus limits itself to brokering contracts of cooperation partners.

Where StudyInFocus brokers a contract, the wording of the respective contract or insurance policy is always binding. The Client is obliged to check the exact content of the contract or insurance policy. StudyInFocus gives no assurance whatsoever as to the suitability, availability or quality of the offers presented and assumes no liability whatsoever for the availability of the services presented. Responsibility for this lies with the respective cooperation partner with whom the Client concludes a contract.

StudyInFocus is liable for intent and gross negligence and, irrespective of the degree of fault, for damage resulting from the breach of a duty under § 60 or § 61 VVG and for damage resulting from injury to life, body or health based on a breach of duty by a legal representative or vicarious agent of StudyInFocus. Liability for the slightly negligent breach of material contractual obligations – i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contracting party regularly relies and may rely – is limited to the typical and foreseeable damage. Otherwise, the liability of StudyInFocus for slightly negligent breaches of duty is excluded.

Liability for the consequences associated with the submission of incorrect documents or information to the Contractor, including the failure to submit necessary documents or information, rests in full with the Client.

The Contractor does not guarantee that the Applicant will obtain a visa and is not liable for the timely submission of documents to the embassy (consulate) for obtaining a student visa for Germany in the Applicant’s country of residence.

The Contractor is not liable for the Client’s compliance with the deadlines for dispatching documents and submitting them to universities (Studienkolleg), for the document package sent by the Client, for the accuracy of the translation and certification of the Applicant’s documents, or for the legalisation by the translators and lawyers chosen by the Client for the translation and certification of the documents. The Client bears liability for the timely dispatch and submission of the complete document package in accordance with the Contractor’s instructions.

The Contractor is not liable for the quality of services provided by third-party companies.

The Contractor is not liable for, and does not guarantee, the Applicant’s timely taking of the examinations required by the universities, nor the obtaining of the certificates, attestations, diplomas and other documents necessary for applying to the university (Studienkolleg) chosen by the Applicant. The Client is personally liable for submitting, by the appropriate deadline, all documents specified in the step-by-step plan for the application to the university (Studienkolleg).

Termination of the contract by the Client due to a change in the Client’s plans, inadequate performance of the postal service, failure to meet the deadlines specified by the Contractor for submitting documents to the chosen university (universities) or Studienkolleg, including due to the deadlines for dispatching documents in Germany, or other force majeure circumstances, releases the Contractor from the warranty obligation to refund payment for the services.

The parties are released from liability for partial or incomplete non-performance of their obligations under the contract if this is the result of natural phenomena, the effect of external and objective factors, prohibitive measures of state and public authorities and other circumstances of force majeure, and if these circumstances have directly affected the performance of the contract. The deadline for performing obligations under the contract is postponed in accordance with the period during which the force majeure circumstances and their consequences were in effect.

6. Obligations of the User, Prohibition of Commercial Use

The user enters and transmits personal data via the input forms prepared by StudyInFocus or via other transmission channels expressly provided for by StudyInFocus in individual cases. The user alone is responsible for the currency, completeness and accuracy of all data entered by the user in the input form or otherwise transmitted. If the user provides false, untrue or insufficient information, StudyInFocus is entitled to leave the request unprocessed. In the event that the user transmits intentionally false or untrue personal data, StudyInFocus reserves the right to exclude the user from using the services offered or made available and to demand compensation for any resulting damage.

The user is obliged to check the contractual documents received for a brokered contract for correctness without undue delay.

Users are obliged to inform all contracting parties of contracts concluded via StudyInFocus themselves of their final departure from Germany.

Free use of the services of StudyInFocus is permitted only to private individuals. Use of the services of StudyInFocus for commercial purposes or in the context of self-employed professional activity in the field of brokering service relationships or using the information offered is permitted only with the express written consent of StudyInFocus.

For each case of culpable violation of the prohibition of commercial or self-employed professional use, a contractual penalty of EUR 2,500 is deemed agreed. StudyInFocus is entitled to claim the contractual penalty in full only after it has been incurred several times. The combination of several individual acts into a single legal unit is excluded (exclusion of the continuation connection). Without prejudice to the contractual penalty, StudyInFocus may assert further claims for damages and exclude the user from further use of the services offered or made available.

All copyrights, rights of use or other protective rights remain with StudyInFocus.

7. Data Protection

With regard to data protection, please refer to the current privacy policy, which is available on the StudyInFocus website at https://studyinfocus.com/privacy/.

8. Termination

Users may terminate the contractual relationship with StudyInFocus at any time without observing a notice period, provided that neither a term nor a deviating termination provision has been agreed for individual services.

StudyInFocus reserves the right to terminate the contractual relationship with users extraordinarily, i.e. without observing a notice period, if a user breaches their obligations under Section 6 of these AGB.

In the event of early termination of the service by the Client, the ordered service shall be deemed rendered and payment will not be refunded.

9. Amendments to the AGB

The Company reserves the right to amend these AGB. Amendments apply automatically to orders placed after the amendment. For existing orders, customers will be informed of amendments by e-mail.

10. Additional Contractual Documents and Written Agreements

The customer has the right to request a written contract and additional documents if this is necessary. In this case, the Company undertakes to prepare the necessary documents and make them available to the customer for signature. Any costs for preparing additional documents may be invoiced to the customer, unless otherwise provided by law.

11. Dispute Resolution

Disputes arising from this agreement (such as a legal relationship or legal fact) shall be resolved by the parties through negotiation. If the negotiations produce unsatisfactory results, the dispute shall be submitted to the court in Germany, in the city of Munich.

12. Final Provisions

Should individual provisions of these AGB be or, after conclusion of the contract, become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

II. Special Part

1. Applications to Educational Institutions

The Client has commissioned StudyInFocus to assist with the Applicant’s application to educational institutions in Germany.

Communication for the provision of the services takes place by e-mail, via the support channel in messenger services and via the online application. Information on the support channels for the provision of the services is communicated to the Client in the welcome e-mail after the service has been ordered. Requests from the Client are accepted only from the Client’s contacts specified when ordering or from contacts subsequently communicated via these contact details.

In order to provide the related services, the Service Provider is entitled to create accounts on behalf of the Applicant in all information systems required for the provision of the services, including the electronic systems of universities, Studienkollegs, language courses, systems for opening and maintaining blocked accounts and other information/online systems required for the provision of the services under this contract, and to manage these accounts.

The Client authorises the Service Provider to represent the Applicant and the Client (including conducting written, electronic and oral communication on behalf of the Applicant and the Client) vis-à-vis universities, Studienkollegs, language courses and other natural and legal persons as required for the provision of the services under this contract.

The Service Provider provides the Client with the final results of communication with third parties regarding the Applicant’s application and may not provide interim reports; it is not obliged to provide screenshots from external systems or other interim information.

The Service Provider is entitled not to grant access to the information systems created for the Applicant until the work on the ordered services has been completed. Upon completion of the services, the Service Provider hands over to the Client access to all information systems registered for the Applicant.

The Client has the right at any time to expressly request access to the accounts created for the Client and in the Client’s name in external information systems. In this case, the Service Provider is obliged to grant the Client access to the requested accounts within one week of receiving the Client’s written request.

After handing over the access data for the accounts created for the Applicant or for the Client, the Service Provider no longer assumes any responsibility for the activities carried out in these accounts. Responsibility for managing these accounts and for the timely performance of the necessary actions in these accounts lies with the Client. The ordered services shall be deemed to have been rendered in full by the Service Provider when the Service Provider hands over the access data for the accounts to the Client.

2. Blocked Account (Sperrkonto)

StudyInFocus provides users with free and non-binding information on the prices and conditions of cooperation partners offering banking services (e.g. a blocked account from Sutor). The information presented does not constitute a binding contractual offer by StudyInFocus or by the respective cooperation partner.

StudyInFocus acts as an intermediary in the conclusion of a service relationship with the respective bank on the basis of an offer submitted by the user via the portal or a request made via one of the communication channels of StudyInFocus. Beyond brokering the contract, StudyInFocus assumes no further obligations. In particular, it is pointed out that the product evaluation presented on the portal makes no claim to completeness and is limited to the products of StudyInFocus partners. Any information on services and conditions, or other information, provided by StudyInFocus does not constitute advisory services to the user, but serves solely to facilitate the user’s own independent decision-making, over which StudyInFocus has no influence.

The contract with the cooperation partner is concluded only when StudyInFocus or the cooperation partner expressly confirms the conclusion of the contract. StudyInFocus therefore does not guarantee that a contract will be concluded on the terms stated in the proposals. Nor is StudyInFocus liable if – for instance due to incorrect information provided by the user – a contract is not concluded or is not concluded on the desired terms. If StudyInFocus successfully brokers a contract, it may receive a commission from the respective cooperation partner.

3. Insurance

On the StudyInFocus portal, users can obtain information about the insurance cover offered by cooperation partners of StudyInFocus. Any contract is concluded exclusively between the user and the respective cooperation partner. It is expressly pointed out that the product overview shown on the portal is not comprehensive and is limited to products of the cooperation partners of StudyInFocus. The services of StudyInFocus do not include legal or tax advice.

In certain lines of insurance, StudyInFocus acts as an insurance agent within the meaning of the Insurance Contract Act (VVG) and holds a licence pursuant to § 34d GewO (German Trade Regulation Act). Where StudyInFocus acts as an insurance agent, it receives a commission from the insurance companies if a user has concluded an insurance contract through it. The contract with the cooperation partner is concluded only when StudyInFocus or the cooperation partner expressly confirms the conclusion of the contract. StudyInFocus therefore does not guarantee that a contract will be concluded on the terms stated in the proposals. Nor is StudyInFocus liable if, for instance due to incorrect information provided by the user, a contract is not concluded or is not concluded on the desired terms.

In the lines of insurance in which StudyInFocus does not act as an insurance agent, StudyInFocus does not broker an insurance contract for the user but at most acts as a messenger if the user decides to take out insurance. As a rule, StudyInFocus will merely redirect the user via a link to the website of the respective cooperation partner.

4. Other Contracts

On the StudyInFocus portal, users can obtain information about further services offered by cooperation partners of StudyInFocus or other third parties. StudyInFocus does not offer a market analysis. It is expressly pointed out that the product overview shown on the portal is not comprehensive and may be limited to products of the cooperation partners of StudyInFocus. The services of StudyInFocus do not include legal or tax advice.

In some cases, StudyInFocus offers the user the opportunity to conclude contracts with cooperation partners. In doing so, StudyInFocus acts as broker on the basis of an offer submitted by the user via the portal to enter into a service relationship with the respective cooperation partner. StudyInFocus assumes no obligations beyond the brokering of contracts. Any information on services and conditions, or other information, provided by StudyInFocus does not constitute advisory services to the user, but is intended solely to facilitate the user’s own independent decision, over which StudyInFocus has no influence.

The contract with the cooperation partner is concluded only when StudyInFocus or the cooperation partner expressly confirms the conclusion of the contract. StudyInFocus therefore does not guarantee that a contract will be concluded on the terms stated in the proposals. Nor is StudyInFocus liable if, for instance due to incorrect information provided by the user, a contract is not concluded or is not concluded on the desired terms. If StudyInFocus successfully brokers a contract, it may receive a commission from the respective cooperation partner.