Terms & Conditions
General Terms and Conditions of West International Consulting Germany
Scope
These conditions apply to all contracts concluded with West International Consulting Germany for offered language courses in cooperation with MEDLINGUA Germany, including language courses for professional qualification and related services such as providing accommodations in apartments or rooms, assistance with visa procurement, or obtaining a study placement for course participants (hereinafter referred to as participants). Any use of male terms is for linguistic simplification only and includes individuals of any gender.
General/Course Allocation/Rescheduling
Participation in courses offered by West International Consulting Germany is open to everyone, provided that the knowledge or prerequisites demanded by West International Consulting Germany for specific courses are met. West International Consulting Germany will inform those interested in participating about the specific requirements. The participant must provide accurate information about their knowledge and qualifications for proper placement. Admission to course offerings and participant classification are at the discretion of West International Consulting Germany, taking into account the interests and goals of the participants. The allocation of teaching staff or, if necessary, substitutions of teachers are at the discretion of West International Consulting Germany. There is no entitlement to the implementation of an event by specific teachers. Rescheduling of booked services (e.g., change of course date, change of quality classification) may be approved in exceptional cases, provided that it does not disrupt course organization. There is no entitlement to such rescheduling.
Registration and Contract Conclusion
Participant registration is done digitally on the West International Consulting Germany website or in paper form. The registrant is bound to their registration for 14 days. A contract is only concluded when West International Consulting confirms the registration in written form (in writing, by email). By submitting the written registration, the participant also bindingly acknowledges the participation conditions and these terms and conditions of West International Consulting. The contract is based on German law. In case of interpretation problems, the German text is decisive if a translation into another language is provided additionally.
Duties and Services of West International Consulting Germany
The services to be provided by West International Consulting Germany regarding the educational offerings, educational goals, are outlined in the registration statement after confirmation by West International Consulting Germany, the invoices issued to the participant with the confirmation, and the descriptions in the brochure of West International Consulting Germany, which can also be downloaded from the internet. West International Consulting Germany undertakes to comply with any existing guidelines and requirements necessary to enable the participant to achieve the educational goal. A guarantee for the achievement of the educational goal cannot naturally be given. The educational goal is recognized language certificates. West International Consulting Germany teaches according to curricula, corresponding to a language goal, which it establishes itself and adjusts as needed. West International Consulting GmbH assigns teachers to specific courses at its discretion, and they may be replaced if necessary. Language courses are differentiated according to the Common European Framework of Reference for Languages (CEFR). West International Consulting Germany offers instruction in the following levels, explained in detail in the brochure: A1, A2, B1, B2, C1, C2. West International Consulting Germany classifies the participant according to their language proficiency and previous education into courses at its reasonable discretion. The participant cannot demand placement in a specific course. West International Consulting GmbH reserves the right to conduct a placement test to verify the participant’s language proficiency in case of doubt. In any case, West International Consulting Germany will provide the participant with a confirmation of their participation and the actual extent of participation. Upon successful completion, a corresponding certificate of the actual achievements will also be issued. Confirmations are usually provided at the end of a course. West International Consulting Germany has a right of retention for such confirmations if, at the time of issuance, all due invoices or installments have not been fully paid. If external examinations are taken, the conditions of the respective institute for issuing a test certificate are decisive. West International Consulting Germany makes these available to the participant upon request. Recommended training materials for language education, such as textbooks by external authors or corresponding digital media, may need to be purchased separately by the participant.
Participant Obligations
Participants are obligated to regularly attend the courses and participate positively in the events for the purpose of achieving the course goal. In case of hindrance, this must be communicated immediately upon becoming aware of the obstacle. Participants must refrain from any actions and behaviors that disrupt the teaching and its success. In case of disruptions to teaching, such as repeated irregular or late attendance, and if these are not discontinued even after a warning, the participant may be excluded from the course entirely or temporarily. This also applies in case of violations of lease agreements, including a valid house rules. The participant also agrees to submit all required documents and documents in a timely manner for the verification of admission requirements for a course or examination or for obtaining a requested visa for entry into Germany. If possible, documents should be submitted promptly after confirmation of participation.
Prices/Payment Conditions/Maturity
For our services, the current price lists apply. These are visible on our website and in our company brochure. With the confirmation of participation, West International Consulting Germany issues an invoice for the participant, which includes all estimated cost items. The prices for accommodation are stipulated in the respective rental agreement and become effective upon the participant’s signature. Teaching materials, examination fees, bank charges, and accommodation are billed separately. Invoices from West International Consulting Germany are due for payment 14 days after receipt of the invoice, with transmission in written form being sufficient. If language courses last longer than three months, the participant can request that the amount exceeding three months be paid in monthly installments, spread over the remaining duration of the language course, due on the 3rd working day of each month. This must be expressly requested. The three months start from the date of the application. Payments for accommodation are based on the rental agreements. If fees for tests and examinations at external service providers are incurred, West International Consulting Germany will invoice the participant in a timely manner. Registration for tests and examinations is only possible after the participant has paid the fees to West International Consulting Germany. In case of late payment, West International Consulting Germany can charge a processing fee of €5.00 per reminder.
Withdrawal/Termination
The participant can revoke the concluded training contract in accordance with the revocation policy provided after confirmation by West International Consulting GmbH within 14 days. Otherwise, withdrawal from contractually agreed services is excluded. The service contract with West International Consulting Germany is binding and not terminable prematurely. If the contractual relationship exceptionally extends over a period of more than one year, the participant has the right to terminate the contract with two months’ notice to the end of the month, earliest at the end of the first contract year (based on the start of education). The fixed term is binding for West International Consulting Germany. The legal right to terminate the contract for important reasons in accordance with § 626 BGB remains unaffected. Important reasons include, in particular, if a contractual partner grossly violates their obligations under the contract.
Attendance Abs
ences/Number of Hours to be Held
The participant is obliged to attend the course events regularly and actively. West International Consulting Germany announces the exact course times (days/schedule) in good time before the start of the course. If days are missed due to public holidays, they will be made up for at the end of the course or by agreement during the contract period. If the participant misses course attendance due to absence, whether excused or unexcused, there is no entitlement to make up for the already held course parts. If necessary, the contracting parties should coordinate about compensation through individual lessons. The number of participants in the courses is limited to a maximum of 16 people. The offered lesson hours in each course are designed for this number of participants. Even if this number is not reached, the courses will be conducted. If the number of participants is less than five, West International Consulting GmbH is entitled to reduce the number of hours by 25%, and if there are less than three participants, by 50%. This takes into account that the instruction can be more intensive and individual for each participant with the same likelihood of success for the intended educational goal.
Visa
The visa application is the responsibility of the participant. Also, the clarification of how a participant requiring a visa must make payment for a course according to the applicable regulations of the German Embassy. West International Consulting Germany assists the participant with the formalities if needed. If the participant applies for a visa based on a language course invitation or similar documents issued by West International Consulting GmbH, the participant is also obligated, according to visa regulations, to complete the language course with West International Consulting GmbH. If the participant does not obtain a visa for reasons beyond their control, e.g., due to political unrest, they must immediately hand over the invitation letter to West International Consulting GmbH, if it is still in their possession. Furthermore, in this case, the participant can declare a withdrawal from the education contract against payment of a lump-sum compensation of €250.00. The participant reserves the right to prove that the damage incurred by West International Consulting Germany is lower than this amount. The participant is obliged to provide evidence to West International Consulting Germany of the reason for the visa rejection, especially by submitting a copy of the embassy’s rejection notice.
Liability
West International Consulting Germany undertakes to provide the agreed services in full and as described in terms of quality. In cases of intent or gross negligence, and in the event of a culpable violation of life, body, or health, West International Consulting Germany is liable according to legal regulations. In all other cases of simple negligence, West International Consulting GmbH is only liable for a culpable violation of essential contractual obligations and only for damages that are typically foreseeable within the scope of the contract. The regulations regarding compensation apply to all liability claims, regardless of the legal basis, including claims arising from unlawful acts.
Applicable Law/Jurisdiction/Place of Performance/Contract Changes
German law applies to the contractual relationship between West International Consulting GmbH and the participant. The German version is decisive in case of different linguistic versions of the contract. The place of performance is Munich. The place of jurisdiction for disputes arising from this contract is Munich, unless legal provisions oppose this. Changes to the contract are only possible in written form (in writing, by email). No further agreements have been made in addition to this contract that are not recorded in written form. If provisions of this agreement are ineffective, they shall be replaced by a provision that comes as close as possible to the intended content.
Photos and Videos in the Company
Declaration of Consent to Photo and Film Recordings according to § 22 KUG
The participant in our courses and further education expressly agrees to allow photo and film recordings to be made of them according to § 22 KUG, which are related to or taken during their further education or qualification at West International Consulting Germany. They also consent to the distribution and publication of the same according to § 22 KUG. The consent is not subject to spatial, temporal, or content limitations and includes the exclusive, transferable, and irrevocable right that the photo and film recordings created by the participant for the above-mentioned reason may be edited, not only in print but also in digital form, and may also be used by third parties. The participant does not receive remuneration for granting this right. Furthermore, the participant waives any claims for damages, provided there is no grossly negligent or intentional behavior on the part of West International Consulting Germany. Otherwise, § 15 applies.
Revocation Policy
Consumers have a right of withdrawal under the following conditions, with consumers being any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity:
Revocation Policy
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us in writing to:
West International Consulting Germany
Leopoldstr 31, 80802 Munich – Germany
Tel.: +49 89 377 99 888 0
Email: mail@west-consulting.net
by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is, however, not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and, in any event, not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you have requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
(If you want to withdraw from the contract, please fill out this withdrawal form and send it back.)
End of Revocation Policy
Company Formation Services (Sole Proprietorship, GbR, UG, GmbH, gGmbH, GmbH & Co. KG, AG)
- Introduction
1.1 These General Terms of Use (“Terms”) govern the relationship between WIC (West International Consulting and Investments Deutschland) (“the Company”) and the client (“the Client”) for company formation services in Germany, including Sole Proprietorship, GbR, UG, GmbH, gGmbH, GmbH & Co. KG, and AG.
1.2 By submitting the online form and engaging the Company’s services, the Client acknowledges that they have read, understood, and agree to be bound by these Terms. - Service Scope
2.1 The Company shall provide guidance and assistance to the Client in the formation of their chosen company type in Germany, based on the information provided by the Client.
2.2 The services may include, but are not limited to, assistance with drafting articles of association, partnership agreements, notarization, commercial register registration, tax registration, business bank account opening, and additional services as selected by the Client. - Client Responsibilities
3.1 The Client shall provide accurate, complete, and up-to-date information to the Company for the purpose of company formation.
3.2 The Client shall promptly notify the Company of any changes to the provided information.
3.3 The Client shall comply with all applicable laws and regulations related to the formation and operation of their chosen company type in Germany. - Fees and Payment
4.1 The Client shall pay the agreed-upon fees for the services provided by the Company.
4.2 The Company shall provide the Client with an invoice detailing the services and associated fees.
4.3 The Client shall make the payment within the specified timeframe and in accordance with the payment terms outlined in the invoice. - No Refund Policy
5.1 Once the company formation service has started, the Client acknowledges and agrees that there shall be no refund of the fees paid, regardless of the outcome or any decision by the Client to discontinue the process.
5.2 The Company reserves the right to determine the point at which the service is considered to have started, which may include but is not limited to, commencing work on the Client’s case, drafting documents, submitting applications, or engaging with third parties on behalf of the Client. - Confidentiality
6.1 The Company shall treat all information provided by the Client as confidential and shall use it solely for the purpose of providing the company formation service.
6.2 The Company shall not disclose any confidential information to third parties without the Client’s prior written consent, except as required by law. - Intellectual Property
7.1 All intellectual property rights related to the Company’s services, including but not limited to trademarks, copyrights, and trade secrets, shall remain the property of the Company.
7.2 The Client shall not use the Company’s intellectual property without prior written permission from the Company. - Limitation of Liability
8.1 The Company shall not be liable for any indirect, incidental, special, or consequential damages arising from the services provided.
8.2 The Company’s liability shall be limited to the fees paid by the Client for the specific service in question. - Termination
9.1 Either party may terminate the agreement for the company formation service by providing written notice to the other party.
9.2 In the event of termination, the Client shall pay for the services provided by the Company up to the date of termination, and no refund shall be provided in accordance with clause 5.1. - Governing Law and Jurisdiction
10.1 These Terms shall be governed by and construed in accordance with the laws of Germany.
10.2 Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Germany. - Amendments
11.1 The Company reserves the right to amend these Terms at any time.
11.2 The amended Terms shall be effective immediately upon posting on the Company’s website or notification to the Client.