General Terms & Conditions for Study Contracts

1. 1. CONCLUSION OF THE CONTRACT

1. 1.1 The contract becomes effective with the signature of both parties (in the case of underage students by the signature of the legal representative).
2. 1.2 The student is aware that the actual implementation of the offered study program depends on the achievement of the required minimum number of participants for the study program.
3. 1.3 If, contrary to expectations, the offered study program does not materialize because the minimum number of participants has not been reached, or in case of a new study program the university does not receive the relevant accreditation approvals, the university expressly reserves the right to withdraw from the study contract. If necessary, the university will send the student a notice of withdrawal no later than 4 weeks before the start of the teaching period of the respective semester. In this case, the enrollment will be withdrawn. Tuition fees already paid at this time will be refunded in full to the student.
4. 1.4 The validity of the contract is subject to the condition that the student obtains his/her university entrance qualification before the start of studies. If the condition is not met, the university expressly reserves the right to withdraw from this study contract. No. 1.3 sentences 3 and 4 apply accordingly. 

1. 2. ACADEMIC PROGRAM

1. 2.1 Enrollment: If the admission requirements are met and, if applicable, after passing the selection procedure and signing the study contract, applicants are enrolled for the respective study program. Enrollment cannot take place if university admission is not granted. Therefore, if a completed enrollment is considered invalid due to incorrect information provided by the student, the university will cancel the enrollment.
2. 2.2 Start of studies and regular number of semesters of the study program: The study program starts at least four times a year, depending on the registration date, and ends with the passing of all examination achievements required for the university degree or with the final failure of an examination or the expiry of the examination entitlement within the period specified in the study and examination regulations for the study program. The standard number of semesters is the period of study in which a degree program can be completed. It includes semesters abroad, internships and other practical phases of the study program as well as the examinations. The standard number of semesters for the individual degree programs is specified in the respective examination regulations for the degree program.
3. 2.3 Elective modules: The student is informed that the actual implementation of the elective modules depends on the achievement of a minimum number of participants for the respective module. If the minimum number of participants for a particular module is not reached, the university expressly reserves the right not to offer this module. In this case, the student must choose another module.
4. 2.4 Credentials/Certificates: If required (e.g. to apply for educational funding under BAföG or to present to the health insurance company), a certificate of enrollment or proof of study can be issued to the student before or during the course of study. An examination certificate will only be issued after payment of all tuition fees due. The issuance of the certificate also requires the return of all items borrowed from the university.

1. 3. SERVICES OF THE UNIVERSITY

1. 3.1 The university undertakes, subject to the implementation of the studies according to No. 1.2 of these conditions, to enable the contractually agreed studies and to conduct examinations according to the applicable study and examination regulations on the basis of the Hessian Higher Education Act. The amendments to the regulations and the associated implementation provisions adopted by the competent bodies of the university shall become part of this study contract upon publication in the study handbook.
2. 3.2 The study program starts four times a year. The exact date of the start of lectures will be announced by the university in good time in each case.
3. 3.3 If modules (exams) are canceled, the university will work to inform students in a timely manner and coordinate a substitute exam in consultation with students.
4. 3.4 As a university of a private sponsor, Tomorrow University of Applied Sciences, like all private universities, is subject to the rules of the market, whereby a partial or complete discontinuation of academic work cannot be completely ruled out. In the highly unlikely event that this should occur, the university will issue certificates of academic and examination achievements.

1. 4. RIGHTS AND DUTIES OF THE STUDENT

1. 4.1 Observance of the university's general terms and conditions and guidelines: The student undertakes to accept the university's general terms and conditions as amended from time to time and not to obstruct the academic work by his/her conduct. The respective valid General Terms and Conditions of the university are published on the Internet at www.tomorrow.university. They will also be made available to the student by the university administration upon request.
2. 4.2 Availability of technical equipment: It is the student's responsibility to have the technical equipment (e.g. laptop or smartphone) required for the course of study, including the necessary software, in order to be able to participate fully in the teaching and examination formats. For this purpose, the student must enquire with the university in good time before the start of the course.
3. 4.3 Performance of study and examination achievements: The student is obligated to complete his/her studies regularly in accordance with the study and examination regulations and the implementation regulations of the university as amended from time to time (cf. No. 4.1) and to complete the required study and examination achievements on his/her own responsibility. This obligation requires in particular that the student participates regularly and continuously in modules (challenges) and examinations in such a way that he/she can achieve the credit points required for the course of study within the above-mentioned number of semesters.
4. 4.4 Timely payment of tuition fees: The student agrees to pay the tuition fees due in full and on time. The timely payment of the tuition fees due is a prerequisite for the issuance of the certificate of enrollment at the beginning of the semester, the participation in modules (challenges) and examinations during the course of study, and the issuance of the academic certificate or diploma upon completion of the course of study. In the case of late payment despite a written request for payment and the setting of a grace period of 30 days, the university may take further measures, in particular those according to No. 6.5 and 6.6.
5. 4.5 Use of the university's email address: The student is obliged to check the email address provided to him/her by the university on a regular basis (at least twice a week), as important information is transmitted via this channel.
6. 4.6 Observance of copyrights and property rights of third parties: The student is expressly informed and confirms this with the signing of his/her study contract that he/she must observe the rights of third parties, in particular copyrights and property rights, to the teaching material made available to him/her for the purpose of studying and in the context of teaching. This applies in particular to the use of computer programs of any kind (e.g. prohibition of copying).
7. 4.7 Information about data changes: Any change in the student’s data, such as name, address, telephone number, or bank account information, which may be used in accordance with the Privacy Policy, must be reported to the university immediately.
8. 4.8 Compulsory attendance: Compulsory attendance is specified in the examination regulations of the respective study programs. The study regulations can prescribe compulsory sessions, which serve to maintain the quality of the studies and enable the university to convey the learning content in the correct manner. In case of illness, the student must submit a medical certificate to the university no later than 3 working days after the onset of the illness. There is no right to repeat the missed examination.
9. 4.9 Residence: Students are responsible for the legal requirements of their residence in Germany. Residence in Germany is not required to be admitted to the study programs.

1. 5. TUITION FEES

1. 5.1 Tuition includes:

1. 5.1.1 The implementation of the modules (challenges) for the respective study program;
2. 5.1.2 the evaluation of the examinations taken;
3. 5.1.3 Academic pedagogical advising by university staff and faculty;
4. 5.1.4 Use of the university's technical services (Tomorrows Education app, software licenses, online databases provided by the university);
5. 5.1.5 Initial issuance of study and examination reports, certificates, diplomas and official documents;
6. 5.1.6 Participation in the specified mandatory examinations and in the modules (challenges) of the curriculum;
7. 5.1.7 all fees for examinations and thesis advising, as well as credit for prior learning.

1. 5.2 Tuition does not include:

1. 5.2.1 additional devices, e.g. laptop/tablet;
2. 5.2.2 all costs incurred by the student for telephone, postage and data transmission;
3. 5.2.3 Expenses for travel, lodging and meals incurred for participation in mandatory or elective modules (challenges) or internships;
4. 5.2.4 all costs associated with semesters or internships abroad and stays abroad as part of a Bachelor's program (e.g. Summer/Winter School), including tuition fees from other universities, unless covered by joint venture agreements, as well as related costs for travel, accommodation, meals, insurance, etc;
5. 5.2.5 Costs incurred by attending external events or using third-party services (e.g., admission fees for visiting museums, exhibitions, library cards);
6. 5.2.6 possible participation in additional modules (challenges) beyond the curriculum of the program defined in the contract data;
7. 5.2.7 Costs for issuing copies of the documents mentioned in No. 5.1.5.

1. 5.3 Payment Arrangements: If the program is terminated before the end of the regular number of semesters, the amount of tuition will not be affected. 
   Payment can be made either by SEPA direct debit mandate set up for an account at a German banking institution, by bank transfer or by other payment methods.

4. 5.4 Exceeding the regular number of semesters: If the regular number of semesters is exceeded, the student is obliged to pay additional tuition fees in the amount of 500 € per additional semester. 
5. 5.5 Discounts: The university grants different types of discounts, which cannot be combined. A discount may be granted upon request prior to the conclusion of a contract, provided that the respective conditions are met. If the conditions for several discounts are met, only one discount will be granted. 
6. 5.6 Semester of leave: The leave is granted upon application. The application must be submitted to the university with a notice period of one month before the beginning of the semester or the half of the semester for which the semester of leave is requested. In cases of special hardship, the request may be submitted at a later date. The request must be justified in writing; appropriate supporting documentation must be submitted. During a semester of leave, fees in the amount of € 200 are to be paid. 
7. 5.7 Default: The student is in default if the fees have not been received on the aforementioned account of the university by the 1st calendar day of the respective month/semester/quarter/year or if a collection attempt was not successful. In the event of late payment, the university is entitled to charge interest on arrears at the statutory rate.

6. 6. TERMINATION OF THE STUDY CONTRACT; DEFERRAL OF ADMISSION

1. 6.1 Termination: According to FernUSG §5, the study contract can be terminated without giving reasons for the first time at the end of the first six months after conclusion of the contract with a notice period of 6 weeks. After the end of the first six months after the conclusion of the contract, the contract can be terminated at any time with a notice period of 3 months. The right of the organizer and the participant to terminate this contract at any time for good cause remains unaffected. In the event of termination, the participant shall only pay the portion of the remuneration corresponding to the value of the services provided by the organizer during the term of the contract.
2. 6.2 Form of termination: Notice of termination must be given in text form.
3. 6.3 Termination during a semester of leave: If the study contract is terminated during a semester of leave applied for after the deadline provided for this purpose (see 5.6), the university is entitled to charge the full tuition fee for the semester. 
4. 6.4 Extraordinary termination: The right of both parties to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist in particular if the continuation of the contractual relationship until the agreed termination or until the expiry of a notice period is unreasonable for the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties. Proof of the existence of good cause shall be provided upon request. 
5. If the university is unable to provide services through no fault of its own (e.g. due to sudden illness of the lecturer, force majeure, etc.), this does not entitle the student to extraordinary termination or to withhold fees due.
6. In particular, the university has the right to terminate the study contract without notice in the following cases:
7. 6.4.1 in case of persistent or serious violation of the applicable study and examination regulations as well as the general terms and conditions and guidelines of the university by the student.

1. 6.4.2 In the case of serious behavior in violation of the contract and continued disruption or neglect of modules, which is especially the case if the student has neither attended modules (challenges) nor taken exams for at least one semester.

5. 6.5 Termination due to late payment: The study contract can be terminated extraordinarily by the university if the student is in arrears with payment in whole or in part for more than 60 days despite a reminder and no other written agreements have been made with the university. With the termination of the study contract, further participation in the study program and the associated offers of the university is no longer possible.
6. 6.6 Exmatriculation: The university has the right and the obligation to exmatriculate the student in accordance with the provisions of the Hessian Higher Education Act or the relevant study and examination regulations of the university and these contractual conditions. In this case, the study contract ends at and not before the end of the semester of exmatriculation. In the case of exmatriculation due to final failed examinations, this study contract expires at the end of the month in which the exmatriculation takes place. In the event of termination of this study contract by the university or the student, exmatriculation will take place at the same time.
7. 6.7 Postponement of the start of studies: In individual cases, a request can be made to postpone the start of studies to the next semester or to the semester in which the course is offered again. The request must be submitted to the university in writing, stating the reasons and, if necessary, enclosing the relevant supporting documents, no later than 4 weeks after the start of the semester in question. A further (second) postponement can only be granted in justified exceptional cases with due consideration of the interests of the student and the university.
8. If the postponement of the start of studies is granted, the tuition fees will only be due on the date of the actual start of studies. The refund of any reservation fee to non-EU students is excluded in these cases. If the student cancels his/her contract before the start of studies, a fee will be charged as it would have been if the contract had been canceled at the time of deferment.

7. 7. RIGHT TO UNDISTURBED POSSESSION/DISCIPLINARY SANCTIONS‍
8. The university and its vicarious agents will exercise their right to undisturbed possession if there is a legitimate interest. In the event of serious violations, the university reserves the right to take appropriate disciplinary measures such as a ban from the premises and/or termination without notice in accordance with No. 6.

8. 8. LIABILITY‍
9. The university assumes no liability for the loss and/or damage or other misplacement of valuables or other items belonging to the student. This applies in particular to objects and valuables on the Learning Hub premises or on the way there and in the rooms in which students learn and study in the Learning Hubs.

9. 9. FINAL PROVISIONS

1. 9.1 Amendments and supplements to this study contract must be in writing and signed by all parties in order to be valid. This also applies to an amendment of this provision.
2. 9.2 Should any provision of this contract be or become void or ineffective in whole or in part, the validity of the remaining provisions shall not be affected. Should any of the above clauses be invalid, it shall be replaced by a clause that comes as close as possible to what was intended by the university and the student. The remaining provisions shall remain unaffected.
3. 9.3 German law is exclusively applicable to this study contract.
4. 9.4 The place of jurisdiction for disputes arising from the distance learning contract is the court responsible for the student's place of residence. 

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