01 | General Note
Where the following text lists person-related designations only in a gender-specific form, they shall apply to women and men in the same manner.
02 | Scope of Application
These general terms and conditions shall apply to any service contracts that are entered into with ASAS Aus- und Weiterbildung GmbH (hereinafter: ASAS). By signing up for a class or course, the consumer (hereinafter: Participant) declares his consent to these general terms and conditions and is bound to them.
03 | Registrations
The registration for a class or course must take place in writing. Registration must be performed using the prepared form, fully completed. The inclusion in a class or course shall only be possible after review of the submitted documents for compliance with the admission requirements. Since the number of participants in a class may be limited, the order of registrations shall also decide admission. The service contract between Participant and ASAS shall be entered into by receipt of the registration form. Observe that the registration for a class or course shall be binding in any case (pre-contractual protection obligations!).
04 | Payment Conditions
Any prices indicated on the website and the registration form shall be in Euro. The classes and courses shall be tax-free purs. to § 6 para 2 l 11 lit a UStG. The participation fee can be paid in the ways named in the registration form. When paying by credit card, the discount (service fee) at a flat rate of 3% of the participation fee shall be at the expense of Participant; this amount shall be added to the participation fee by Participant. The costs resulting from successful debiting due to a direct debit authorisation granted by Participant shall be reimbursed by Participant. Release of the LMS (core of the teaching platform) for Participant shall take place after transfer of the participation fee. Compliance with the agreed payment modalities and payment date or the payment dates shall be an essential condition for participation and graduation. At negation of the first reminder (payment delay exceeding four weeks) the statutory annual interest of 4% (§ 1000 ABGB) for the outstanding amount shall apply… at negation of the second reminder (payment delay exceeding six weeks), an additional flat-rate reminder fee of EUR 40.00 shall be charged at dispatch of the third reminder. At negation of the third reminder (payment delay exceeding 8 weeks), a claim shall be raised in court. In this case, ASAS shall claim the entire outstanding amount instead of only the instalment.
05 | Retention of Title
Until complete payment of all claims against Participant, the delivered goods (e.g. notebook) shall generally remain the property of ASAS. The notebooks shall pass to the title of Participant after payment. The 360° cameras shall remain the property of ASAS.
06 | Rescission of the Contract
Rescission of a registration for a class or course or a validly concluded contact for a class or course may be declared within 28 calendar days of the day of the conclusion of the contract.
07 | Exclusion from the Studies
ASAS does not exclude exclusion of a participant due to severe disciplinary violations (e.g. attempted fraud in examinations) or gross misconduct (e.g. unexcused absence from attendance events in a Blended-Learning class or Blended-Learning course). In this case, Participant shall not have any claim to reimbursement of part of his participation fee.
08 | Non-Achievement of the Requirements of the Class or Course
Those who have taken all exams intended by the class, course and examination rules or completed their final thesis and did not do so successfully pursuant to the criteria of the class, course and examination rules cannot complete the class positively and will be blocked immediately. In this case, Participant shall not have any claim to reimbursement of part of his participation fee.
09 | Classes and Courses
Classes and courses in the sense of these terms and conditions shall be any classes and courses (diploma classes, certificate classes, certificate courses, and courses) that are currently indicated as such on the website of ASAS.
10 | Scope of Services
The service offer of ASAS currently includes the provision of relevant lectures and learning aids; this dispatch, acceptance and correction of exams or final theses; consulting of the Participants during the classes or courses; completion of the class or course by Participant if the prerequisites are met; generation and dispatch of completion documents. The fat-rate participation fee shall not include the fourth, commission exam for classes with four exam attempts. Another EUR 120.00 shall be paid before this example. New further services can be provided by ASAS and used by Participant according to the provisions of his present contract. However, ASAS reserves the right or making the utilisation of new services depending on additional agreements or compensation.
11 | Duplicates of Completion Documents
Generally, the completion documents shall be included in the price. However, if Participant loses the original, he may request a duplicate for a flat rate of EUR 30.00.
12 | Changes to Classes or Courses
Where the overall planning of the class or course is not essentially impaired, ASAS reserves a change of teachers and times within an appropriate framework. Participant shall not acquire any right to extraordinary termination of the class or course or reduction of the participation fee from this. In ASAS classes that are completed after all prerequisites are met by the student with an academic expert or master‘s degree of further training of the FH Burgenland, students shall have the status of „extraordinary student“ of the technical college of the Burgenland. These classes shall be subject to an ÖH contribution (currently EUR 18.50 per term) during the studies. If the cooperation between ASAS and the AIM is terminated, the academic further education at the FH Burgenland cannot be continued based on this contract.
13 | Copyright Protection
Participant notes that the contents on the teaching platform and other data carriers provided are subject to copyright protection. Any reproduction, distribution or other use of these goods beyond own personal use shall be expressly forbidden to Participant.
14 | Data Privacy
By his registration, Participant consents to the processing and use of the personal data under consideration of the provisions of the data privacy act for the purpose of class and examination processing and with submission of later information in connection with professional training until further notice. The data are, of course, treated confidentially and not passed on to any third parties under any circumstances.
15 | Term of Application of the General Terms and Conditions
These general terms and conditions shall apply to students who have registered from 10 September 2014 onwards. These terms and conditions shall not have a retroactive effect on earlier terms and conditions and shall not be applicable to students who have registered before 10 September 2014.
16 | Side Agreements
Supplementary or modifying agreements shall require consent of both contracting parties and written form to be valid.
17 | Place of Jurisdiction and Applicable Law
Austrian law shall apply (Sect 3 Rom I). If the KSchG does not exclude a choice of jurisdiction, the local relevance of the factually relevant court of the seat of the ASAS (Wels) shall be agreed.