General Terms and Conditions (GTC)
Framework agreement for the provision of tutoring
Framework agreement for the provision of tutoring
between
StudyFriends GmbH, Beethovenallee 24, 33175 Bad Lippspringe, represented by the managing director Ms. Busra Filipovic
– hereinafter referred to as the educational service provider –
and
the registering student
*in the case of minors, represented by their legal representative,
– hereinafter referred to as the student –
§ 1 Activity
(1) StudyFriends GmbH offers both online tutoring and on-site tutoring courses at StudyFriends GmbH locations. Unless the following expressly refers only to online courses or on-site tutoring courses, the following regulations apply to all tutoring offers from StudyFriends GbR.
(2) StudyFriends GmbH is a nationwide educational service provider and offers students extracurricular support specializing in high-quality private lessons in the subjects of mathematics, English, electrical engineering, German and German as a foreign language. In this context, StudyFriends GmbH employs several professionally qualified coaches who independently coordinate the specific implementation modalities of the private lessons with the respective student, but work according to the strict specifications and quality standards of the educational service provider and under its responsibility.
(3) In addition to the learning materials of the public school, additional learning materials are used in the lessons, which may only be reproduced or passed on to third parties after consultation with StudyFriends GmbH and with its consent.
(4) The contractual relationship between the educational service provider and the student or his/her legal representatives is an employment relationship. Any success of the tutoring – which depends on the grade – is not owed by the educational service provider or its coaches.
§ 3 Scope and implementation of tutoring
(1) The amount of the monthly quota of teaching hours is bindingly recorded by registration at https//:www.studyfriends.de. One teaching hour corresponds to 45 minutes.
(2) Individual face-to-face support is provided in small learning groups of 3-4 students.
(3) Agreements deviating from paragraph 3.1 are generally possible by mutual consent. However, they must be in writing.
(4) The specific dates for the weekly teaching units are agreed individually between the student and his/her respective supervising coach of the educational service provider in advance for the following month.
(5) In principle, the student will be assigned a supervising coach for the duration of the contract. However, the educational service provider is entitled to replace this coach with another coach at any time if this is necessary to carry out the tutoring in accordance with the contract.
(6) StudyFriends GmbH makes it clear that the services provided are those of a service contract within the meaning of Section 611 of the German Civil Code (BGB). No distance learning courses are carried out, but rather personal student tutoring. StudyFriends GmbH assumes no liability for the success of the tutoring, for the correctness of the selection of subjects/courses (with or without appropriate advice and/or application of testing procedures) or for any professional recommendations.
§ 4 Prices and payment conditions
(1) The prices and payment terms agreed in the contract apply. The prices are net prices; in addition, the customer owes the applicable sales tax. The services provided by StudyFriends GmbH in the area of tutoring are currently exempt from sales tax according to Section 4 No. 21 a) UStG.
(2) For subscriptions, payment of the fee is made monthly between the student or his/her legal representative and the educational service provider. No payments are to be made to the respective coach. The amount owed is collected in advance on the 1st or 15th of each month and on the basis of the agreed quota of teaching units by SEPA direct debit, PayPal, credit card, instant transfer or giropay. Units not completed remain valid. Hourly packages cannot be paid by SEPA direct debit. Any cash payments, in particular those to the coach, have no effect on performance.
(3) Hourly packages are valid for one year after conclusion of the contract.
(4) If the customer is in arrears with the payment of at least two monthly contributions, StudyFriends GmbH is entitled to terminate the contract for good cause. In this case, StudyFriends GmbH is entitled to charge a flat-rate compensation. This is calculated based on the type of contract selected. The contracting party is permitted to prove that no damage or significantly less damage has been incurred.
§ 5 Obligations of the Contracting Parties
(1) Both contracting parties undertake to cooperate as necessary in the individual coordination and the implementation of the teaching units as agreed.
(2) The coach working for the educational service provider and the student undertake in particular to keep the agreed appointments.
(3) If one party is unable to attend an agreed lesson, the other party must be informed of this as early as possible, but no later than 12 hours before the lesson begins. The student cannot cancel booked appointments; tutoring appointments can only be postponed to a later date. If the appointment is postponed less than 12 hours before the agreed date, the full amount for the tutoring service will be charged.
(4) In agreement with the tutor and the student, StudyFriends may postpone, cancel or change the duration of online tutoring appointments.
(5) If the coach of the educational service provider misses or cancels the lesson too late, the student is still entitled to the weekly lesson. In this case, the lesson must be made up immediately.
(6) If the student fails to cancel or cancels too late, the educational service provider is entitled to full compensation for the missed lesson. The same applies if the student fails to comply with the agreements to carry out the further lessons until the contract is terminated, in breach of the contract.
(7) It is agreed that at least 2 teaching hours (45 minutes each) must be taken per teaching unit.
§ 6 Termination
(1) If payment for the tutoring is made monthly, the contract can be terminated up to the 15th of each month with one month’s notice.
(2) Notice of termination must be in writing.
(3) The right of both parties to terminate the contract for good cause remains unaffected.
§7 Costs and expenses of the student
(1) Usual costs incurred in the course of teaching, such as paper, writing materials or copying costs as well as license costs for various applications, are to be borne by the student. They will not be offset against the agreed remuneration.
§ 8 Information and confidentiality
(1) The Contracting Parties undertake to provide all information essential for the instruction of the pupil.
(2) The contracting parties undertake to maintain confidentiality regarding all matters that concern the personal life of the other contracting party and which by their nature require confidentiality. This shall also apply for the period after termination of the contractual relationship.
§ 9 Data protection and data transfer
(1) Consent to the use of the customer’s or registered person’s data StudyFriends GmbH collects and uses the customer’s or registered person’s personal data provided when the contract is concluded in compliance with the applicable data protection regulations. The personal data is used for the purpose of processing the contractual relationship with the customer. The customer expressly consents to this collection, processing and use of his or her personal data. The customer’s or registered person’s personal data is collected, processed and used in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). – StudyFriends GbR requires the customer’s name and address in order to know who the contractual partner is, i.e. to whom the services are provided and to whom they are to be billed; – The name of the registered person and their address are required in order to know in whose favor the contract is being concluded, i.e. who is taking part in the tutoring; – The contact details (email address and telephone number) are required for any queries that may be necessary. They are also used to receive information and innovations, offers or other marketing measures, provided that the customer has consented to this; – The information on the school attended, the type of school and the grade level is required in order to be able to assign the registered person to suitable learning groups or suitable teachers; – The account details are required in order to be able to collect the agreed fees, provided that the customer has given a SEPA direct debit mandate.
(2) The educational service provider is entitled to pass on the student’s personal data to the respective coaches and to third parties, insofar as the transfer is specifically related to the preparation and implementation of the teaching activity.
§ 10 Use of the Facebook Pixel Custom Audiences “Remarketing Function”
We also use Custom Audiences from Facebook Inc. This is a remarketing function that allows users of our website to receive advertisements when they visit the social network Facebook or other advertisements we place, such as Facebook Ads. Our reason for doing this is to show them the advertisements that are of interest to them so that we can make our offers more interesting for them. Your browser therefore establishes a direct connection to the Facebook server when you visit our page. We would like to point out that we have no further influence on the data that Facebook obtains and we can only provide you with information that is based on our current level of knowledge. Thanks to the integrated Custom Audiences function, Facebook knows that you have visited our page or clicked on one of our advertisements. If you are registered with Facebook, Facebook can assign this visit to your user account. If you are not logged in or registered, there is still the possibility that Facebook will work with your IP address or find and store other features that identify you. Further information on the collection and use of data by Facebook as well as your rights and options for protecting your privacy can be found in Facebook’s privacy policy at https://www.facebook.com/about/privacy/. Alternatively, you can deactivate the “Custom Audiences” remarketing function at https://www.facebook.com/settings/?tab=ads#=. However, you must be logged in to Facebook to do this.
§ 11 Liability
(1) The student or his/her legal representative shall be fully liable to the educational service provider in accordance with the statutory provisions for any damages he/she causes to the educational service provider within the scope of the employment relationship.
§ 12 Subsidiary agreements and severability clause
(1) Any subsidiary agreements and amendments to this contract must be in writing to be valid; this also applies to the written form requirement itself. This formal requirement cannot be revoked or annulled either verbally or tacitly.
(2) The partial or complete invalidity of individual provisions of this contract does not affect the validity of the remaining provisions of the contract. By confirming and registering as a student on the website www.studyfriends.de/registration, the student or his/her legal representative declares that he/she has taken note of the above rights. Likewise, the student or his/her legal representative declares that he/she agrees to the framework contract by registering as such.
§ 13 Cancellation Policy
(1) Cancellation policy for contracts / bookings concluded online If a contract is concluded using the online portal https://www.StudyFriends.de, the customer, if he is a consumer, has a right of cancellation in accordance with the statutory provisions and the following cancellation policy. You have the right to cancel the contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of cancellation, StudyFriends GmbH must be informed of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period. If you cancel this contract, we will refund all payments that we have received from you promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
§14 Copyright
(1) All concepts, methods, exercises and techniques of (online or direct) tutoring or seminars from StudyFriends GmbH are protected by copyright, both in word and in writing. It is not permitted to make these available to third parties for a fee or free of charge – not even in a modified form. The production or publication of audio or video recordings of training events is prohibited.
§15 Purchase of the tablet
(1) The student has the opportunity to purchase a tablet against payment of a fee.
(2) After the end of a subscription contract, the tablet must be returned to StudyFriends undamaged within four weeks. In the case of hourly packages, the tablet must also be returned to StudyFriends within four weeks of the service ending. If the contract is extended, this clause expires until further notice.
