Our Terms and Conditions
1 General information
Insofar as in the following text personal designations are given only in gender-specific form, they refer to women and men in the same way.
2 Scope of application
These General Terms and Conditions (GTC) apply to all continuing education and service contracts that students have concluded with the Private Online Business School private limited company (hereinafter referred to as POBS) "in cooperation with universities".
By registering for such a continuing education programme, the consumer (as defined in § 1 KSchG; hereinafter referred to as "student") declares that he agrees with and is bound by these GTC. The respective study and examination regulations in their valid version are authoritative for the continuing education programmes.
These GTC are based on the following definition of terms: Programmes within the meaning of these GTC are all those continuing education programmes which are currently listed as such on the website of the POBS or the universities.
3 Scope of performance
The content of the continuing education contract is, in accordance with the Distance Selling and Foreign Trade Act, the delivery of digital content not stored on a physical data carrier (downloads, access to the learning platform) as well as the provision of relevant teaching materials, the receipt and correction of examinations, the supervision of performance records and final papers, the advice and support of students during the continuing education programme. Additional services can be provided by POBS and used by students according to the terms of their existing continuing education contract. However, POBS reserves the right to make the use of new services dependent on additional agreements or fees.
The registration for the continuing education programme (= order of the continuing education programme) must be made in writing. For the registration the prefabricated form is to be used and to be filled out completely.
The admission to a continuing education programme can only take place after the submitted documents have been checked for compliance with the admission requirements.
The registration for a continuing education programme is binding in any case and obliges the student to pay the full tuition fee in case of admission.
The continuing education contract between the students and POBS comes into effect on receipt of the registration form at POBS, subject to the condition precedent that the admission requirements are fulfilled. POBS will provide the student with a confirmation of the concluded continuing education contract including cancellation instructions and further information (paragraph 4 section 1 Distance Selling and Foreign Trade Act) on a permanent data carrier (i.e. on paper or by e-mail) within a reasonable period of time after conclusion of the contract, but at the latest before the start of the service provision.
5 Tuition fee
The entire tuition fee is due within fourteen days of receipt of the invoice (net cash without deduction). The non-use of individual teaching modules does not entitle the student to a reduction in tuition fees. All prices stated on the website and on the registration form are in Euro. The continuing education programme is tax-free according to paragraph 6 paragraph 2 number 11 litera a UStG. The activation of the Learning Management System or the online learning platform and the access to the learning documents for the students will take place after transfer of the tuition fee.
POBS reserves the right to offer students separate financing options.
Compliance with the agreed payment modalities and payment date(s) is an essential condition for participation and graduation. POBS reserves the right to exclude students from further participation in the programme if they do not meet their payment obligations within the prescribed period.
If a student does not pay within eight weeks after a reminder has been issued, setting a grace period and threatening to lose a deadline, the deadline will be lost. In this case POBS is entitled to assert the entire outstanding amount in court.
Pursuant to paragraph 11 section 1 Distance Selling and Foreign Trade Act, the withdrawal period for distance contracts is 14 calendar days. Within this period, the student can therefore withdraw from the continuing education contract without giving reasons and at no cost. The withdrawal period begins on the day of activation (sending the login data for the learning platform). Students can cancel their contract as soon as they have received their own declaration of contract (order or registration); they do not have to wait for POBS to accept this order.
The withdrawal can be declared by the students using the withdrawal form (see attachment) or by means of a corresponding clear declaration in another form (e.g. e-mail or registered letter). The intention to withdraw must be clearly stated in the student's declaration. For the timeliness of the withdrawal it is sufficient to send it within the withdrawal period. If the student withdraws, POBS must reimburse the student for all payments made immediately, at the latest within 14 days of receipt of the declaration of withdrawal. If the service was started during the withdrawal period and if it has not yet been completed at the time of withdrawal, the withdrawal is admissible, but the participant is obliged to bear the costs proportionately, or receives his money back only proportionately.
The exception to the right of withdrawal for digital content (paragraph 18 section 1 number 11 Distance Selling and Foreign Trade Act) does not apply in the sense of the service to our customers.
7 Accommodation and travel expenses
The costs of accommodation and travel for participation in examinations and courses are to be borne by the student himself.
8 Failure to meet the requirements of the continuing education programme
The continuing education programme cannot be completed positively if the students have not passed the exams provided for in the education programme and examination regulations after completing them.
In this case, the student is not entitled to a refund of the tuition fee or parts thereof. Nevertheless, the student has to pay the entire tuition costs.
Furthermore, the maximum duration of the continuing education programme is 36 months. If the continuing education programme cannot be completed positively within 36 months, the student will be excluded from it. Here, too, the student has to pay the entire tuition fee.
9 Copyright protection
The student acknowledges that the contents on the learning platform and other data carriers provided enjoy copyright protection. Any duplication, distribution or other use of such content beyond the student's own private use is expressly prohibited.
10 Data protection
By registering, the student agrees to the processing of personal data in accordance with the provisions of the Data Protection Act for the purposes of course and examination processing and the sending of subsequent information in connection with vocational training until revoked.
11 Additional agreements
Supplementary or modifying agreements require the consent of both contracting parties and the written form in order to be effective.
12 Place of jurisdiction and applicable law
Austrian law applies. The local jurisdiction of the competent court shall apply to the registered office of POBS (Vienna).
13 Validity of these GTC
These GTC apply to students who have registered since 13th of September 2019.
Mag. Robert Lang
POBS Private Online Business School GmbH