Standard business terms (STB) of the ELC E-Learning-Consulting GmbH
for cooperation courses according to § 9 Fachhochschul-Studiengesetz (FHStG)
§ 1 Preface
As far as the following uses gendered terms the text refers to men and women alike.
§ 2 Scope of application
The STB are valid for all service contracts with the ELC E-Learning-Consulting GmbH (hereinafter referred to as „ELC“) that are made for courses and seminars in cooperation with a university of applied sciences or its subsidiary. Upon registration for such a course the customer (hereinafter referred to as „participant“) agrees to the STB and considers them binding. All courses are based on their respective study regulations and the Austrian Fachhochschulstudiengesetz in its most recent version.
§ 3 Registration
Registration requires written form and must be executed by means of the provided and fully filled in form.
Admission to a course can only be granted after the evaluation of the submitted documents with regard to entry requirements. As the number of participants is limited in each course the order of registrations can also decide about admission.
The service contract between ELC and the participant is concluded upon receit of the registration form. Please note that registration for a course is binding (precontractual protected obligations!).
§ 4 Terms of payment, cancellation, withdrawal
Alle auf der Homepage und dem Anmeldeformular angegebenen Preise verstehen sich in Euro. All online prices and prices on the registration form are considered in Euro. The seminars are non-taxable according to § 6 Abs 2 Z 11 lit a UStG.
Payment of course fees can be executed by the methods stated on the registration form.
Payment via credit card will generate a disagio (service fee) of 3% of the course fees which the participent has to pay; the amount must be added to the course fees by the participant.
Generally course fees must paid three weeks before the start of the course/within two weeks of receipt of invoice. Course fees include exam participation as well as lecture notes if they are not provided digitally. If you would like to receive a printed version of a digital script from ELC we will sell at cost price. Furthermore we will charge books, legal texts or copies thereof. After admission and receipt of invoice the entire course fees must be transferred. A wirthdrawal from the contract is only possible up to three (3) weeks before the start of the course. In this case 10% of the total course fees will be raised as cancellation fee regardless of whether the student is to be blamed for the withdrawal or not. Withdrawal within three (3) weeks before the start the course the entire course fees will be forfeit.In case of delayed payment ELC will charge default interest, reminder fees and collection charges. If direct debiting based on the bank coordinates the participant provides does not work the participant will have to pay the fees resulting from chargeback.
Access to the E-Learning plattform and online content will be granted after bank transfer of the course fees is completed.
Compliance with the terms of payment and payment deadlines is essential condition in regard to admission and graduation. Once the first reminder is neglected (delay in payment of more than four weeks) the legal annual interest of 4% (§1000 ABGB) of the pending amount will be calculated. Neglecting a second reminder (delay in payment of more than six weeks) will cause the third reminder to include a reminder fee of € 40,- and the announcement of „Terminverlust“ according to § 13 KSchG. If the third reminder is neglected (delay in payment of more than 8 weeks) legal steps will be taken. In this case ELC will claim the entire pending amount.
§ 5 Tuition fee (ÖH fee)
As extraordinary student at the university of applied sciences participants must pay tuition fees, the so-called ÖH fee. If the participent does not pay the fees within a month after request of payment his access to the E-Learning plattform will be denied until payment is completed.
§ 6 Retention of title
Until the fulfilment of all claims against the participant all products delivered will remain in the ownership of ELC.
§ 7 Accomodation and travel expenses
Participants must cover all expenses related to lectures or exams on their own.
§ 8 Contract termination
The course contract can be terminated. The termination must be drawn up in writing. The first termination date is two years after the conclusion of contract and must meet a notice period of 6 months. After that the contract can be terminated half-yearly while a notice period of 3 months must be met. If the terminating participant has already obtained half of all ECTS specified for the course at the time of termination he has no right to obtain a partial refund of his course fees. Only in case he has not taken any exams and not handed in any performance records he may receive 50% of the course fees. In case the participant has obtained less than half of all ECTS specified for the course his actually obtained number of ECTS must be proportionally deducted from the refund of 50% of the course fees that a participant would receive who has not taken any exams or handed in any performance records. The remaining balance is to be refunded. Interest on refunded money is excluded. After three years a participant is refunded 25% of his course fees regardless of the amount of ECTS he has obtained. After four years the claim for refund expires.
§ 9 Exclusion from studies
Generally ELC reserves the right to exclude a participant due to disciplinary offences (i.e. attempted fraud during exams) or gross misconduct (i.e. unexcused abscence from classroom events of a blended learning course or e-learning seminar). In this case participants have no right to obtain a partial refund of their course fees.
§ 10 Non-fulfilment of course expectations
Participants who have not successfully passed an exam after all attempts according to course and examination regulations cannot successfully pass the course, either. Consequently they will be immediately suspendes and have no right to obtain a partial refund of their course fees.
Furthermore the length of study is limited to 48 months. If a participant cannot successfully pass the course within this period he will be immediately suspended and has no right to obtain a partial refund of his course fees.
§ 11 Seminars
Seminars in terms of these STB are those seminars which are educational according to § 9 FHStG and currently listed in cooperation with a university of applied sciences (or its subsidiary) on the ELC webpage.
§ 12 Scope of service
Our services for cooperative programs currently include relevant lectures and lecture notes, shipment, acceptance and correction of exams, supervision of performance records and master theses, consulting of course participants, graduation of participants if applicable, creation and shipment of certificates, transcript of records and confirmations of enrolment. New services may be offered by ELC which participants can make use of according to the regulations of their contract. ELC reserves the right to make new services available depending on additional agreements and compensation.
§ 13 Duplicate copies of certificates, diplomas and ID cards
Prices generally include all graduation certificates and documents. If a participant loses an original he can demand a copy for an allowance of € 30,-.
§ 14 Changes to courses and classroom events
If overall course planning is not affected ELC reserves the right to change lecturers and time lectures within ample framework. This does not results in an extraordinary termination right or the right to reduce course fees for the participant. Furthermore the compensation of expenses (i.e. accomodation, travel, etc.), loss of earnings and all other costs due to postponement is excluded. ELC tries to announce changes early enough in order to allow for participants to make bearable rearrangements.
§ 15 Copyright protection
Participants take note of the fact that the content provided by means of our learning platform or other data mediums is protected by copyright. Any reproduction, distribution or use of this content outside the private context is prohibited.
Upon registration the participants revocably agrees to the fact that his personal data will be collected and processed according to data protection laws in order to properly carry out the course and exams and to provide tailor-made information on professional development. Of course your personal data is handled with discretion and never transmitted to third parties.
§ 17 Validity of standard business terms
These STB are valid for students who have registered since November 1, 2014. They have no impact on former STB or students who have registered before November 1, 2014.
§ 18 Additional agreements
Additional or changing agreements need to be drawn up in writing in order to be valid.
§ 19 Legal venue and applicable law
Austrian law is applicable (Art 3 Rom I). If the KSchG does not deny the selection of legal venue the locally and objectively responsible jurisdication of ELC (Oberwart) is agreed as selected legal venue.
Prof. hon. Mag. PhDr. Michael P. Schermann
Mag. PhDr. Klaus Volcic