General Terms and Conditions
§ 1 Application of the General Terms and Conditions
(1) These General Terms and Conditions govern the terms and conditions between the provider, KindlyHelper, owner Philipp Sadlo, Sternstraße 13, 61200 Wölfersheim, Germany Phone: +49 (0) 176 16329690, E-Mail: info@kindlyhelper.com – hereinafter referred to as KindlyHelper – and the client as a consultancy contract within the meaning of §§ 611 ff BGB (German Civil Code) unless otherwise agreed in writing between the contracting parties.
(2) The offer is directed exclusively at customers who are consumers within the meaning of § 13 BGB.
(3) The version of the GTC valid at the time of conclusion of the contract shall apply. We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
(4) All communication between the parties shall be exclusively virtual, by e-mail or by telephone.
§ 2 Conclusion of contract
(1) KindlyHelper offers various services for the visa application process for residence in the Federal Republic of Germany. KindlyHelper offers advice, coaching and the preparation of documents in connection with the visa process. Different types of visas for work or study purposes can be applied for, as well as other counselling services. It is also possible for the client to book only advisory services outside of a visa application. The details can be found in the product guide. KindlyHelper does not provide a guarantee for obtaining a visa. The services offered are only to assist in obtaining a visa. The decision on visa applications is the sole responsibility of the competent authorities.
(2) The client first completes the FREE INITIAL ASSESSMENT questionnaire, which provides a non-binding assessment of possible visa options based on the information provided by the client. By means of the questionnaire KindlyHelper checks whether a visa can be sought at all. This initial assessment by means of the questionnaire is free of charge for the client and does not establish a contractual relationship subject to a fee.
(3) If there are sufficient prospects for obtaining a visa on the basis of the initial assessment described above, the client can arrange a free initial meeting with KindlyHelper by email, WhatsApp or telephone call. The aim of the initial interview is to work out the client’s wishes. Based on the information provided by the client, KindlyHelper will then provide the client with a quote.
(4) For further counselling in connection with obtaining a visa, the conclusion of a contract with KindlyHelper is required. In order for the client to decide with which scope he/she would like to commission KindlyHelper, he/she will receive an overview of all KindlyHelper services (product guide) during the initial consultation.
(5) The contract is concluded when the client accepts KindlyHelper’s written offer by signing and – if required – returning the signed offer. KindlyHelper’s offer is tailored to the individual case and the scope of KindlyHelper’s consulting and services requested by the client.
§ 3 Scope of services
(1) Kindlyhelper provides advice, coaching and preparation of documents related to the application of different visas and assists the client in the application process.
(2) KindlyHelper offers customers the participation in a free webinar, in which customers receive information about the KindlyHelper offer and the potentials. If the customer has registered for participation, he will receive an email with a link to participate in the webinar.
(3) KindlyHelper offers further services. KindlyHelper may use third parties for the provision of the agreed service. The following is an exemplary, non-exhaustive list:
- Advice on studying / working in Germany
- Assistance with applications to a university / to an employer (training, permanent position, internship, trainee, student job, for a voluntary social year, part-time & full-time positions) /scholarships/ for language courses /for preparatory courses in Germany.
- Preparation for the stay abroad
- Flight to Germany
- Advice on arrival in Germany
- Advice on staying / studying / working / doing an FSJ or similar in Germany
- Advice on the rejection of the visa application
- Referral of the client to language courses, universities, to employers as well as to other service providers, for example: Financial service providers (blocking and current account operators) and insurers (health insurance, liability, travel insurance, etc.)
(4) The exact scope of the respective services results from the product guide which the customer receives in the initial meeting for the selection of the scope of the contract and is agreed in the individual contract.
§ 4 Term and termination
(1) Each contract ends with the provision of the requested service, or after the expiry of the service period agreed in the individual contract.
(3) The right to extraordinary termination remains unaffected.
(4) Any termination must be in text form.
§ 5 Remuneration
(1) Unless otherwise agreed, KindlyHelper shall receive the remuneration agreed in the individual contract for its services. Unless otherwise agreed in the individual contract, an advance payment of 50% of the agreed remuneration is due upon conclusion of the contract. The remaining amount shall be invoiced after the service has been rendered. The invoice shall be due for payment within two weeks of receipt. The parties may only make individual contractual agreements deviating from this in text form.
(2) The agreement of payment by instalments is possible; there is no entitlement to this. Unless otherwise agreed, customers may pay the agreed remuneration in two instalments or in instalments of not less than 30 % of the total amount. (3) If the client is in default with two consecutive instalments or an amount corresponding to two instalments, KindlyHelper is entitled to terminate the instalment agreement. In this case, the remaining amount becomes due for payment immediately. The amount of the instalments and the due dates result from the respective individual contract.
(4) All price quotations are inclusive of value added tax at the statutory rate.
(5) If no individual contractual agreements have been made between the parties, the agreed remuneration shall be paid within two weeks of receipt of the invoice.
(6) The customer can pay KindlyHelper in any currency. The exchange rate at the time of the conclusion of the contract applies.
§ 6 Freedom from instructions
KindlyHelper is not subject to any instructions from the client in the fulfilment of the contract or in the performance of the activity it has taken on with regard to time allocation and the design of the course of activities.
§ 7 Obligations of the customer to cooperate, extraordinary right of termination, damages
(1) Upon KindlyHelper’s request, the Client shall provide KindlyHelper with all necessary data, information and documents that KindlyHelper requires in order to be able to perform the services ordered by the Client.
(2) Upon KindlyHelper’s request, the client shall confirm in writing the correctness and completeness of the documents submitted by him as well as his information and verbal statements.
(3) The Client undertakes to comply with the duties to cooperate set out in these GTC and the individual contract in such a way that there is no delay in the performance of KindlyHelper’s services.
(4) If the client does not comply with the agreed obligations to cooperate, in particular to provide information and submit documents, KindlyHelper is entitled to terminate the contractual relationship without notice after two unsuccessful reminders in text form. In this case, KindlyHelper’s claim to remuneration exists to the extent to which the service was provided. If the client is responsible for the extraordinary termination, KindlyHelper is also entitled to claim damages according to the legal regulations.
§ 8 Duty of confidentiality
KindlyHelper is obliged to maintain secrecy about all information that it becomes aware of in connection with its activities for the client, unless the client releases it from this obligation to maintain secrecy or the disclosure of the information results from the law or an official order.
§ 9 Data protection
KindlyHelper undertakes to process personal data of the customer only in accordance with the data protection regulations.
§ 10 Liability
(1) KindlyHelper does not make any commitment or guarantee to obtain a visa.
(2) KindlyHelper is liable to the customer in all cases of contractual and non-contractual liability in the case of intent and gross negligence in accordance with the statutory provisions for damages or compensation for futile expenses.
(3) In other cases KindlyHelper is liable – unless otherwise provided for in paragraph 3 – only in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer may regularly rely (so-called cardinal obligation), limited to the compensation of the foreseeable and typical damage. In all other cases, KindlyHelper’s liability is excluded subject to the provision in paragraph 3. This also applies to vicarious agents and persons authorised to represent KindlyHelper.
(4) Liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 11 Limitation of liability
The customer indemnifies KindlyHelper against all claims, actions, demands, actions, liabilities, costs and expenses (including legal costs and expenses based on full indemnity) arising out of your use of the website. In no event shall we be liable for any loss, damage, cost or expense including legal fees and expenses (whether direct or indirect) incurred by the customer in connection with the use of this website.
§12 Offsetting and right of retention
(1) The customer may only offset claims of the contractor against undisputed or legally established claims.
(2) The customer may only exercise a right of retention if his counterclaim is based on this contract.
§ 13 Miscellaneous
(1) KindlyHelper does not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.
(2) The place of performance is the registered office of KindlyHelper.
(3) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer has placed the order as a consumer and has his habitual residence in another country at the time of his order, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in sentence 1.
(4) If the customer is a merchant and has its registered office in Germany at the time of the conclusion of the contract, the exclusive place of jurisdiction is the registered office of KindlyHelper. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.