Terms of service

Provision of Study in Germany Now (SGN)
We strongly advise you to read, print and retain these General Terms and Conditions of Service.

Article 1: object

These General Conditions of Service Provision apply, without restriction or reservation, between SGN and
any natural or legal person for any purchase of paid services provided through the SGN website
(www.study-in-germany-now.com) directly or by its external consultants or correspondents. The General
Conditions are intended to define the modalities of service between SGN and you, from the placing of the
order to the supply of the ordered service, including the payment. Terms and Conditions govern our
relationship and are accessible at all times on the Website.
The Website reserves the right to modify the General Conditions at any time. They are applicable as soon
as they are posted online and cannot be applied to transactions previously concluded. The version of the
General Conditions applicable to you is in force on the Website at the date of placing the order.
You hereby refer to as Member declares to have read these General Conditions and to have accepted
them by ticking the box provided for this purpose before the implementation of the online ordering
procedure and the General Conditions of Use of the Website. Unless proved otherwise, the data recorded
in SGN’s computer system constitutes proof of all transactions concluded with the Member via the Website.
The validation of the order of services by the Member implies acceptance without restriction or reservation
of these Terms and Conditions of Use and General Conditions of Use of the Website.
In accordance with the regulations in force, SGN reserves the right to derogate from certain clauses of
these General Conditions, according to the negotiations conducted with the Member, by the establishment
of special conditions.

 

ARTICLE 2: Services

2.1. The services governed by these General Conditions are those which appear on the Website and which
are indicated as accessible for payment.
The main characteristics of the services are described and presented as accurately as possible on the
Website. The Member is required to read it before placing an order. However, if errors or omissions may
have occurred regarding this description, the responsibility of SGN could not be engaged.
The services are provided by SGN directly or by its external consultants or correspondents chosen by SGN.
The choice and purchase of a service is the sole responsibility of the Member.

2.2. Access to and use of online applications are subject to the following terms and conditions:
– the right of use granted to the Member is non-exclusive and non-transferable;
– the application may only be used by the Member for his own purposes,
– the application can be used on any type of browser:
– the application is designed to satisfy the largest number of users, SGN cannot guarantee its adaptation to
the specific needs of the Member,
– the use of the application is carried out by the Member, under his own responsibility,
– the Member is considered to have the necessary skills for the proper use of the application;
– no copyrights on the application are transferred to the Member, the application remaining the entire and
exclusive property of SGN or its partners.
SGN offers consultancy services to students and workers who wish to continue their studies in the
countries it covers. SGN must handle the application of the members with professionalism. SGN does not
guarantee the member the success of his application procedure or the visa application but works to make
sure, the Member fulfills every step of the procedure rightly. Only universities are competent to grant
admission and diplomatic representations to grant a visa.

 

ARTICLE 3: Price

The services offered by SGN are provided at the rates in effect on the Website at the time of registration of
the order by the Member. The prices of the services are indicated in Euros, US Dollars and in Francs CFA.
The price cannot be modified once the order of the Member is validated. An invoice is established by SGN
and given to the Member upon request.
The Member' s travel, accommodation, and other expenses for the provision of the service shall be upon the
Member. No rebate or refund will be practiced by SGN. No discount will be charged by SGN for early
payment.

ARTICLE 4: Order

4.1. Member' s prior identification.
The purchase of a service is conditioned by the prior registration of the user of the Website as a Member
and the acceptance of the General Conditions of Use of the Website. To place an order, the Member must
be identified as such with his email address and name.
Once the basket has been completed, the Member must accept the General Conditions (by checking the
box provided for this purpose), validate the payment method, and confirm the order.

Any order implies acceptance of these Terms and Conditions and the General Conditions of Use of the
Website, prices, and descriptions of services available and constitute proof of the contract for the provision of services.
SGN will acknowledge receipt of the order upon validation. In some cases, including default of payment,
wrong address, or other problem on the account of the Member, SGN reserves the right to suspend the
order of the Member until the problem is solved. SGN reserves the right to cancel or refuse any order from a
Member with whom there is a dispute over the payment of a previous order.

ARTICLE 5: Terms of payment – retention of title clause

5.1.

i) The price is payable in cash, in full on the date of the placing of the order by the Member, in the manner
specified in Article 4  ORDER above,.

(ii) The parties may agree, by special conditions, on the payment of advance payment or a payment
according to a schedule, in which case the following provisions shall apply:
In case of payment of a deposit with the order:
A deposit corresponding to an agreed percentage of the total price of the Services ordered will be required
when placing the order.
The balance of the price is payable in cash, on the day of the supply of such services, under the agreed conditions.
SGN will not be obliged to provide the Services ordered by the Member if the Member does not pay the
Member the price under the conditions and in the manner indicated in these General Conditions.
In case of payment according to a schedule:
The parties may agree that the price will be payable according to a schedule and a number of agreed
payments, from the provision of the Services, ordered, upon receipt of invoice, as specified on the invoice
Sent to the Customer.
iii) The payment of purchases can be made by credit card by choosing the method of payment PayPal or
during the finalization of the order. It is also possible to make the payment by making a deposit on the bank
account of SGN. In case of payment by check: – it must be issued by a bank domiciled in France, Germany, or the United States – the collection is made upon receipt of the check – the order will be effective only from
the reception and collection of it. SGN keeps no trace and has no access to the banking data of its customers.
The payment made by the Member shall not be considered definitive until SGN actually receives the sums due.

(iiii) In case of late payment and payment of the sums due by the Member beyond the above deadline, and
after the payment date shown on the invoice sent to the Member, late penalties will be automatically and
acquired by law at SGN, without any formality or prior notice.
Late payment shall also result in the immediate payment of all amounts due to SGN by the Member, without
prejudice to any other action that SGN would be entitled to bring against the Member in this respect.
In case of non-compliance with the payment conditions listed above, SGN also reserves the right to
suspend or cancel the provision of services ordered by the Member and to suspend the performance of its obligations.
The startup SGN reserves the right to ask the Member for additional compensation if the recovery costs actually incurred exceeded this amount, upon presentation of the supporting documents.

 

ARTICLE 6: Establishment of the service

The purchased service is available as soon as payment is confirmed. Any establishment of service will be
confirmed by sending an email containing the elements of the order.

 

ARTICLE 7: Delivery time

7.1. For the services provided directly by SGN, these will be done within the deadlines appearing on the
order and failing that as soon as possible. These deadlines do not constitute deadlines and SGN can not be
held liable to the Member in case of delay.
7.2. For services provided by external consultants or Local Correspondents, the contact details of the
consultant or Correspondent chosen by SGN will be sent to the Member within 2 working days of validation
of the order by SGN (following payment), by email.
Services ordered by the Member will be provided according to the terms and conditions (e-mail, Skype
Appointment with the Executive Officer, physical meeting at SGN headquarters) and the period agreed with the Consultant or Correspondent.
7.3. In any case, the responsibility of SGN will in no case be engaged in case of delay or suspension of the
provision of services attributable to the Member, or in case of force majeure.
7.4. In the event that SGN is unable to perform the services ordered, SGN agrees to notify the Member by
email and telephone within 2 working days from the day after receipt of payment from the Member, to which
the latter may issue the right to be reimbursed in full. Otherwise, SGN agrees to perform the service within a
reasonable additional time.

 

ARTICLE 8: Validity of the purchase

Any purchase is valid, once, for the duration which appears on the order form or, in default, for the duration
of a university year according to the calendar of the so-called western countries. Beyond this period the
service (s) purchased is/are no longer accessible and must be renewed, if necessary, the price paid to
SGN is definitely acquired.

ARTICLE 9: Absence of refund/cancellation
Any order placed by the Member is firm and final: no cancellation, no refund is possible even before the
establishment of the service or during the provision of the service.
If, however, the Member wishes to terminate the use of the service being supplied, no pro-rata temporizes
reimbursement is made. In the event of early termination by the Member, all remaining sums that may be
due by the Member shall be due immediately, without prejudice to any damages and other remedies.

 

ARTICLE 10: No right of withdrawal

Given the professional nature of the activity exercised by the Member and the subject of the contract
concluded with SGN within the scope of the professional' s activity, orders placed by the Member do not have any right of withdrawal.

 

ARTICLE 11: Liability

SGN warrants to the Member the proper performance of its services, as defined in the offer and in
accordance with the rules of art and good practices.
SGN undertakes to take out all the necessary guarantees to cover the responsibilities it incurs as a result of
the execution of the order for sufficient levels from a notoriously solvent insurance company.
SGN‘s liability may only be incurred in the event of proven fault or negligence and is limited to direct
material damages to the exclusion of any indirect loss of any kind whatsoever.
Under no circumstances will SGN be liable to compensate for consequential or non-material damage such as, for example, operating losses, production losses, loss of profits, loss of profits, loss of contract, loss of image, loss of opportunity, commercial loss, additional production costs, detention of personnel or equipment and any indirect damage. In any event, in the event that SGN’s liability is withheld, the guarantee of study would be limited to the amount paid by the member for the provision of the services.
The responsibility of SGN cannot be sought for damage resulting from errors from documents or information provided by the Member, especially if SGN has previously expressed reservations.
SGN would also be released from any liability in the event that the Member does not provide the Consultant or Local Correspondent with all the information necessary to perform the assignment. In the absence of reservations or claims expressly issued by the Member upon receipt of services, they shall be deemed to comply with the order, in quantity and quality.
In order to assert his rights, the Member shall, under penalty of forfeiture of any action relating thereto, inform SGN, in writing, within a period of 10 days from the provision of the services, its reserves or claims as to compliance in quantity and quality, with all relevant supporting documents, with SGN. No claim can be
validly accepted in case of non-compliance with these formalities and deadlines by the Member. Similarly, SGN cannot be held liable for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion, or the presence of computer viruses.

 

ARTICLE 12: Exception of non-performance

It is recalled that in the application of the Civil Code, each party may refuse to perform its obligation, even if it is due if the other party does not perform its own and if such non-performance is serious enough, c that is, likely to call into question the continuation of the contract or to fundamentally upset its economic
equilibrium. The suspension of execution will take effect immediately, upon receipt by the defaulting party of the notice of default sent to it by the defaulting party indicating the intention to enforce the non-performance that the defaulting party will not have remedied the breach noted, addressed by email with a request for
acknowledgment of receipt or on any other durable written support allowing to provide proof of the sending.
The suspension of performance will take effect immediately upon receipt by the alleged defaulting party of the notice of intention to enforce the defective non-performance exception until the alleged defaulting party performs the obligation for which a Failure to do so is manifest, addressed by any durable written support
allowing to provide proof of the sending.
If the impediment was final or continued beyond 30 days the present could be resolved according to the terms defined in the article Resolution for the failure of a party to its obligations.
This article does not apply to cases of suspension expressly stipulated elsewhere and in particular, does not apply to cases of suspension for non-payment, non-compliance with the payment conditions, wrong address, the problem with the account of a member in which case the terms of suspension stipulated in the
articles concerned apply.

 

ARTICLE 13: Force Majeure

The parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure according to the Civil Code. Constitute events of force majeure for the parties: natural disasters, acts of public authority, embargoes, internal or national strikes, exceptional weather conditions preventing delivery, insurrections, riots.
The Party observing the event must immediately inform the other Party of its inability to perform its service
and justify it to it. The suspension of the obligations cannot, in any case, be a cause of responsibility for non-performance of the obligation in question, nor to induce the payment of damages and interests or penalties of delay.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and
does not exceed a period of 30 days. Therefore, as soon as the cause of the suspension of their mutual obligations disappears, the parties will make every effort to resume as soon as possible the normal execution of their contractual obligations. For this purpose, the prevented party will notify the other of the resumption of his obligation by email. If the impediment is final or exceeds a period of 30 days, the present will be resolved automatically after the sending of an email by the most diligent party.

 

ARTICLE 14: Resolution for failure to fulfill a sufficiently serious obligation

The party who is the victim of the default may, in the event of a serious breach of any of the obligation’s incumbent upon the other party, notify the defaulting party by e-mail with acknowledgment of receipt of the defective resolution of the present, 15 days after sending a formal notice to execute remained unsuccessful, and this in the application of the provisions of the Civil Code.

 

ARTICLE 15: Resolution for breach of part of these obligations

In case of non-payment of services ordered by the Member, the contract is resolved at the discretion of SGN. It is expressly understood that this resolution for the failure of a party to its obligations will take place automatically 15 days after the sending of a formal notice to execute, remained, in whole or part, without effect. The formal notice may be notified by registered letter with acknowledgment of receipt or any extrajudicial act.

 

ARTICLE 16: Intellectual Property

1 6 .1 All the contents of the www.study-in-germany-now Website, Whether visual or audible elements, including the underlying technology, are the property of SGN and are protected by the laws of Benin and intellectual property rights. The disclosure of the elements of the Website shall in no way be construed as granting any license or right of use whatsoever of the distinctive elements of the Website protected by the law of intellectual property and in particular copyright.
Any reproduction, representation, use, distribution, publication, total or partial modification of the content of the Website, for any reason, by any process, and on any medium whatsoever, is strictly prohibited and may constitute a forgery offense. Thus, none of the documents from the Site may be copied, reproduced, published, downloaded, posted, transmitted, or distributed in any way whatsoever.
However, it is possible to download a copy of the documents on a computer for the personal use of the Member and only for non-commercial and non-profit purposes provided that the Member does not modify
the information contained and that it keeps intact all the mentions relating to the property. Modification of these documents or use for any other purpose constitutes an infringement of intellectual property rights.
16.2. For the services provided by SGN, the rights of reproduction and representation of the works constituting a work within the meaning of the intellectual property right are ceded to the Member for the duration of protection of the intellectual property rights relating to the work and for the whole world. The remuneration of this assignment is included in the price as indicated in the order confirmation. SGN warrants the Member of the peaceful exercise of the rights assigned under this assignment.
June 1 .3. For the services provided by outside consultants or Local Correspondents, the consultant or the
Correspondent remains the owner of all the intellectual property rights on the works constituting a work
within the meaning of the law of the intellectual property and in particular photographs, presentations,
studies, drawings, models, etc., made (even at the request of the Member) for the provision of services to
the Member. The Member, therefore, prohibits any reproduction or exploitation of said studies, drawings,
models, etc., without the express written consent of the consultant or Correspondent who may condition it to
a financial counterpart.

 

ARTICLE 17: Partial validation

The possible cancellation of one or more clauses of the General Conditions by – a court decision or by mutual agreement between the parties can not infringe on its other stipulations which will continue to
produce their full and complete effect provided that the general economy of the contract can be saved.
In the event that the execution of one or more of the clauses of the General Conditions would be made impossible by its cancellation, the parties will try to get closer to establishing a new clause whose spirit and letter will be as close as possible from the old clause, the other stipulations of the General Conditions remaining in force.

 

ARTICLE 18: No waiver

The fact for one of the parties not to invoke the application of any clause of the General Conditions or acquiesces to its non-performance, whether permanently or temporarily, may not be interpreted as a waiver by this party of the rights that flow from the clause.

 

ARTICLE 19: Protection of personal data

All personal data that the Member entrusts to SGN, are so in order to

1) perform the operations relating to the management of Members concerning: contracts, orders, supplies of services, invoices, accounting, and in particular the accounts receivable management, customer relationship monitoring such as conducting
satisfaction surveys, claims management, 2) conducting prospecting operations such as soliciting
operations, developing statistics commercial, 3) the sale, rental, or exchange of its customer files and
prospect files, 4) the management of requests for rights of access, rectification, and opposition, 5) the
management of outstanding payments and litigation, and 6) the management of the opinions of people on services or content.
The controller is the company SGN.
The persons authorized to process the data and addressees of the information: are the staff of SGN and its partners. When communicating personal data on the Website, it is indicated whether the communication is optional or mandatory by the indication of an asterisk when the communication is mandatory.
Failure to reply to a request for personal data will, if necessary, make it impossible to send the form concerned or to contact SGN.
Under the Computer, Data Files, and Liberties Act, the Member has a right of access, rectification, and opposition to the processing of its data, by contacting the address of SGN mentioned above.

 

ARTICLE 20: Language of Contract – Applicable Law and Jurisdiction

These General Conditions and the resulting purchase and sale transactions are governed by French law.
They are written in French.
All disputes to which the present General Conditions and the operations of purchase and sale result from them could give place, concerning their validity, their interpretation, their execution, their cancellation, their consequences and their consequences will be settled amicably and cannot be prosecuted.

 

ARTICLE 21: Acceptance of the member

These General Terms and Conditions are expressly agreed and accepted by the Member, who declares and acknowledges that he is fully aware of them, and therefore waives any contradictory document and, in
particular, his own general conditions of purchase, which will be unenforceable.