General conditions of participation of Universität Münster Professional School gGmbH
1. Scope and subject of the contract
These general conditions of participation in conjunction with the application Form, the Conditions of Participation and Information and the Cancellation policy define the rules of participation in the master’s programs offered by the University of Münster in cooperation with Universität Münster Professional School gGmbH, HRB 10595 (hereinafter known as UM Professional School).
2. Application
2.1. The application form is to be completed with the necessary information. The Applicant agrees to submit the required supporting documents to Universität Münster Professional School gGmbH, Königsstraße 47, 48143 Münster, Germany or via e-mail to the address stated on the application form (page 1) within the time limit set out in the application.
Documents to be submitted:
- Certified copy of the undergraduate or first degree (e.g. Diploma, Bachelor or Master certificate)
- Certificate confirming ECTS-Level – if available
- Certificate in English (at least level B2)
- Personal statement (ca. 250 words)
- CV
- Where appropriate, a certified copy of the doctoral certificate
2.2 The date of the postmark or the receipt of the e-mail determines whether a time limit has been complied with.
3. Admission
The admission requirements for participation in master’s degree programs are set out in the admissions/examination regulations. The Admissions/Examination Board elected for the respective program decides whether an applicant is admitted to that program and about the number of study places for that program.
4. Formation of the contract
The contract between UM Professional School and the applicant comes into effect upon receipt of the confirmation of the application for admission. If the examination committee does not admit the applicant to the program, the contract is revoked and ineffective (resolutory condition).
5. Contract Duration, Termination Right
The initial duration of the contract is 24 months with no right of termination. The right to terminate the contract for cause remains unaffected. The contract is tacitly extended for an indefinite period after 24 months if it has not been terminated by the applicant at least one month before the end of the 24 months. The contract can be terminated after the 24 months (initial duration) with a notice period of one month. Upon attainment of the university degree, the contract ends without the need for termination.
6. Scope of Services
The scope of contractual services within the master’s degree programs is determined by the documents and information, the examination regulations, and the study schedule.
7. Changes to Services
UM Professional School reserves the right to cancel or change the degree program under the following conditions and circumstances:
7.1 The cancellation can only take place if it is in the reasonable interests of UM Professional School to cancel. This is particularly the case if the minimum number of participants set out in the Conditions of Participation and Information has not been reached or if UM Professional School cannot provide services due to force majeure or impossibility. In the event of impossibility or the minimum number of participants not being reached, UM Professional School reserves the right to cancel until 20 days before the start of the program. The participant will be informed immediately and will receive a full refund of any fees already paid, if applicable, without deductions.
7.2 UM Professional School reserves the right to appoint replacement lecturers/tutors in place of the advertised lecturers/tutors and to change teaching procedures provided that essential features of the degree program remain unchanged and the change is reasonable to the participant.
7.3 For the event that an entire module cannot be held due to the unavailability of lecturers/tutors, UM Professional School will attempt to offer a replacement date, which may also take place outside of the regular study period or in the following academic year, if necessary.
7.4 Should individual teaching units (i.e., individual class sessions) be unable to be held, UM Professional School will attempt to offer a replacement date. However, there is no entitlement to this replacement date or to a partial refund of the participation fee.
7.5 If, after the conclusion of the contract, it becomes necessary to make time changes or deviations in the content or organization of one or more events or individual ancillary services, UM Professional School reserves the right to carry out such changes or deviations, provided that the educational objective is not impaired, and the modification or deviation appropriately takes into account the interests of both contracting parties.
7.6 Minor changes in services do not entitle to a reduction of the agreed participation fee
8. Terms of Payment
8.1 UM Professional School receives the stated fee pursuant to Clause 6 of the Conditions of Participation and Information. The dates for and rates of payment are set out in clause 6 of the Conditions of Participation and Information. Payment is to be made by bank transfer to Universität Münster Professional School, IBAN DE96 4007 0080 0047 8503 00, BIC: DEUTDE3B400, Deutsche Bank. The obligation to pay is fulfilled when funds are credited to the account.
8.2 The fee is not subject to Mehrwertsteuer (German VAT/sales tax). UM Professional School is exempt from Umsatzsteuer (VAT/sales tax) as it is a non-profit organization whose primary purpose is to serve the advancement of continuing/further education at the University of Münster. However, UM Professional School reserves the right to charge Mehrwertsteuer (VAT/sales tax) in the event of a change in the law.
8.3 The fee is payable upon receipt of the invoice and is to be paid by the stated payment date.
8.4 Any fees for international bank transfers, which may be charged by both the bank of UM Professional School and the participant’s bank, are to be paid by the participant.
8.5 If the participant fails to meet his/her payment obligations within the specified deadlines, UM Professional School reserves the right to exclude the participant from the master’s program until the respective payment obligation has been met. Until this time, participation in seminars and the provision of services is not possible.
8.6 The assignment of a supervisor for the master’s thesis and the allocation of a topic for the master’s thesis will only take place after the fee for the master’s program specified in clause 6 of the Conditions of Participation and Information has been paid in full.
9. Cancellation and Non-Participation
9.1 Within the first 24 months, during which ordinary termination according to Clause 5 is excluded, in the event of non-participation (e.g., cancellation/unjustified termination/withdrawal from studies), the full participation fee becomes due, regardless of whether the default was caused with or without the fault of the applicant. The right to participate in courses cannot be transferred to a substitute person by the applicant.
9.2 In the case of clause 9.1, UM Professional School takes into account what it has saved as a result of services not being provided or what it has earned through another use of its services or what it willfully neglects to earn. This is 15% of the fee before the program begins and 10% of the fee once the program has started. The participant is free to provide evidence that the savings to UM Professional School are higher in individual cases.
9.3 An alternative participant can be appointed up to 4 weeks before the start of the program provided that this person satisfies the admission requirements. The charge for this amendment is €200.
10. Repeating Course(s)/Events and Leave of Absence
10.1 The participants are considered registered for the modules of their respective cohort. The modules of the study program must be completed in the sequence determined by UM Professional School. Cancellations from participation in modules or the associated event blocks can be made in writing, stating a valid reason, no later than 3 weeks before the start of the respective event block/module. A valid reason may include illness, accompanied by the submission of a medical certificate. If the participant misses individual units/events, he/she can make up for them in the following academic year (cohort) without any additional cost.
10.2 If a cancellation is not made in due time according to 10.1, the non-participation in the respective event blocks/modules will be considered as attendance. For a repeated participation in the missed event blocks/modules without a valid reason, an additional fee of €20 per day of attendance will be invoiced separately.
10.3 A one-time leave of absence is possible for an ongoing degree program. The participant can resume the program in the following academic year (cohort). Both options represent a pure gesture of goodwill by UM Professional School and assume that there is a following academic year for that program or in general. The participant bears the risk of possible changes and the risk that there may not be a following academic year for that program or in general. In the latter case, a proportion of the fee may be refunded.
10.4 For a length of study which exceeds the stated provisions of clause 2 of the Conditions of Participation and Information in conjunction with 9.3, a fee of €500 per semester, or every 6 months, will be charged.
11. Examinations
The participants are subject to the examination/course regulations which are in place at the time the program begins.
12. Implementation of the electronic components of the course
12.1 The participant provides a PC with internet access. He/she shall ensure that this PC is in good working order during the program and shall repair any glitches/faults.
12.2 UM Professional School ensures on their side, that they provide the technical requirements needed for the electronic data exchange for the Learning Management System for a particular course. UM Professional School gives no guarantee, that the Learning Management System is suitable or permanently available for a specific service or a specific software.
12.3 It is well known to the participant that, due to the structure of the internet, the possibility exists for transmitted data to be intercepted. UM Professional School is not liable for breach of confidentiality of email messages or other information transmitted over the internet.
12.4 If a third party brings a claim against UM Professional School for breach of intellectual property rights, UM Professional School is entitled to take the necessary measures to remedy the breach at the participant’s expense.
12.5 UM Professional School is not responsible for the backup of files and/or data saved on the server. Even if it assures that backups are made, UM Professional School is not liable for any claims for damages and/or compensation as this is merely a supplemental service
13. Liability
13.1 Claims over and above clause 7.1 do not exist provided it does not concern claims for injury to life, body or health. In the case of other injuries, claims only exist in so far as they are based on the gross negligence or intent of UM Professional School. In particular, UM Professional School does not accept any liability for injury/damage to person or property which occurs during the journey to and from the course venue(s).
13.2 The participant agrees to notify UM Professional School immediately if an action, claim or demand is brought against him/her by a third party for intellectual property rights and copyright infringement. The participant agrees to indemnify UM Professional School against any and all third party actions, claims and demands relating to the data.
14. Confidentiality
14.1 The participant receives the copyright protected course documents and agrees that he/she will not provide them to or make them accessible to a third party.
14.2 The participants and lecturers/tutors agree that they will keep information received from lecturers/tutors and participants strictly confidential (the Chatham House Rule): “When a meeting, or part thereof, is held under the Chatham House Rule, participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed.”
15. Change of personal details
The participant agrees to notify UM Professional School in writing without delay of any change of address, telephone number or email.
16. Data protection
16.1 UM Professional School shall process the Applicant’s personal data for a specific purpose and pursuant to statutory regulations.
16.2 UM Professional School requires the personal data (see Information about Data Processing) provided for the purposes of the application and registration (e.g. surname, first name(s), E-Mail address, address etc.) for the initiation, performance and execution of the contract. This data shall be treated confidentially and shall not be passed on to third parties who are not involved in the performance of the contractual relationship. As the processing of personal data takes place for the initiation and/or performance of the contract, it is in accordance with Art. 6 paragraph 1 (b) DSGVO (the EU General Data Protection Regulation).
16.3 The Applicant has the right, upon request and free of charge, to access the personal data concerning him/her which has been stored by UM Professional School. In addition, the Applicant has the right to rectification of inaccurate data as well as the right to restrict, transfer data to himself/herself or a third party and the right of erasure of the personal data concerning him/her, provided that this does not conflict with any statutory storage obligation.
16.4 Further information on the nature, extent, location and purpose of the collection, processing and use of the required personal data can be found in the document ‘Information about Data Processing’ which is available separately.
17. Final Provisions
17.1 The Applicant, upon submitting the signed application form, expressly accepts and agrees to abide by these general terms and conditions.
17.2 Modifications and amendments to this contract must be in text form. Oral supplementary agreements do not exist. Unilateral provisions or conditions are not the subject matter of the contract.
17.3 The claims of the contracting party become statute/time-barred one year from the date of issue of the certificate. The foregoing limitation period shall not apply to claims for damages based on grossly negligent or intentional breach of duty, in the event of culpable breach of cardinal contractual obligations, in the event of culpably caused injury to life, limb or health or in the event of claims under the Product Liability Act.
17.4 In the event that any clause, condition, term or provision contained in these general conditions of participation is or becomes invalid or unenforceable to any extent, or if a gap or omission becomes apparent, the validity of the terms and conditions as a whole will not be affected. An invalid clause, condition, term or provision shall be replaced by one which has the same desired economic effect as the invalid clause, condition, term or provision in a manner permitted by law. If a gap or omission becomes apparent in the terms and conditions, the parties will find or accept a rule or provision which corresponds with what they would have agreed had the gap or omission been considered in the first place. No further claims can be derived from this contract.
17.5 The contract is governed by the laws of the Federal Republic of Germany.
17.6 The exclusive place of jurisdiction is Münster/ Westfalen, Germany.