General Terms and Conditions

For consulting, application support, job coaching, visa packages and other services of Nexstorya, owner Irina Quent.

nexstorya.de · welcome@nexstorya.de · Innstr. 69b, 94032 Passau

This is a translation for your convenience. Only the German version is legally binding.

§1 · Scope and contracting party

(1) These General Terms and Conditions (GTC) apply to all consulting and support services of Nexstorya (owner Irina Quent, hereinafter “Nexstorya” or “we”) in connection with consulting, application support, job coaching, visa packages and other services relating to study, vocational training and residence in Germany.

(2) These GTC do not cover job or staff placement (i.e. the placement of specific employment or training relationships) or language courses. Separate general terms and conditions apply to each of those services.

(3) Nexstorya offers advice and support but does not take decisions on behalf of universities, authorities, embassies, employers or other educational institutions. Those decisions rest solely with the respective third parties.

(4) By booking a package or accepting an individual offer, the client accepts these GTC as binding.

(5) Deviating, conflicting or supplementary terms of the client become part of the contract only if Nexstorya expressly agrees to them in text form.

§2 · Scope of services and standard of care

(1) Nexstorya provides its consulting and support services to the best of its knowledge and belief, on the basis of publicly available information and current experience.

(2) The scope of services is determined exclusively by the package booked or the individual offer. Services that have not been booked are not part of the contract and are provided only for separate remuneration.

(3) All recommendations, assessments and advice (e.g. on the choice of university, chances of success, deadlines or visa strategy) are non-binding guidance. The client decides on their own responsibility whether to follow them. Nexstorya accepts no liability for whether a piece of advice is or is not followed.

(4) Legal or tax advice within the meaning of the German Legal Services Act (RDG) is not owed and is not replaced by our services.

(5) All deadlines, processing times and dates mentioned are approximate values based on experience. They are not a binding commitment, since meeting them also depends on third parties (universities, authorities, embassies, employers).

§3 · Force majeure

(1) If a service of Nexstorya is delayed for reasons for which it is not responsible — such as force majeure or other unforeseeable circumstances that cannot be averted by reasonable means (e.g. delays by authorities, strikes, natural events) — the affected obligation is suspended for the duration and to the extent of the obstacle; the corresponding deadlines are extended appropriately.

(2) If such a delay lasts longer than 6 months, both the client and Nexstorya are entitled to withdraw from the contract.

§4 · Fulfilment of the contract for application support and job coaching

(1) The contract for application support (study or vocational training) is deemed fully fulfilled upon receipt of the first admission or the first binding offer of a study or training place. “Fulfilled” here refers to the achievement of the goal and the client's payment obligation — services included in the booked package that have not yet been used (e.g. consultation appointments under §9) remain unaffected and do not lapse automatically.

(2) Job coaching comprises advice, preparation and support (e.g. application documents, interview preparation, career strategy), but no job or staff placement. The contract is deemed fulfilled once the agreed coaching services have been provided in full; the placement or promise of a specific job is not the subject of the contract.

(3) There is no entitlement to several admissions or to a particular number of successful applications — not even if the booked package provided for applications to several universities.

(4) If the client, of their own accord, declines an admission received, an interview or a contract offer, this is their sole responsibility. The contract continues to be deemed fulfilled; this gives rise to no claim to continuation, rectification or refund.

§5 · The client's duties to cooperate

(1) The client undertakes to provide all information and documents necessary for processing completely, truthfully and on time.

(2) The client is obliged to check their e-mail inbox and the agreed communication channels regularly, to respond promptly to enquiries from Nexstorya and to supply requested feedback on time.

(3) The client is obliged to disclose, on their own initiative, all information that may be relevant to the application, the visa procedure or the job coaching — in particular, but not exclusively, existing debts, current or past prison sentences, criminal proceedings or comparable circumstances that may affect an admission, a visa or an employment.

Nexstorya is not obliged to ask actively about circumstances of which it is unaware. If the client fails to make a disclosure under para. (3), Nexstorya is not liable for any resulting disadvantages, delays or rejections.

(4) If incorrect, incomplete or subsequently changed information from the client causes additional work, or if work has to be repeated for that reason, the client bears the additional costs incurred.

(5) The client is obliged to report changes to circumstances already disclosed (e.g. contact details, marital status, employment, ongoing proceedings) without delay. Delays caused by late, incomplete or omitted cooperation on the part of the client are not at Nexstorya's expense.

§6 · Documents

(1) The client is responsible for the authenticity and accuracy of their documents and statements.

(2) Nexstorya accepts no liability for forged documents, incomplete statements or false information from the client — including all resulting disadvantages vis-à-vis universities, authorities, embassies or employers (e.g. rejection, delay, consequences under criminal or residence law).

§7 · Termination where the client cannot be reached

(1) If the client does not respond to enquiries from Nexstorya for a period of 30 calendar days despite a reminder, or cannot otherwise be reached, Nexstorya is entitled to terminate the contract without notice.

(2) If the client remains without response for longer than 6–8 months, Nexstorya is entitled to the full agreed total price as lump-sum damages for capacities already reserved and staff costs — regardless of the stage of processing actually reached.

(3) The client remains free to prove that Nexstorya has suffered no damage or substantially lower damage; in that case the claim is reduced accordingly.

(4) The reason for the lump sum is that Nexstorya has already reserved capacities and staff for the client, which must be paid for regardless of the progress of processing and the client's response.

§8 · Postponement and discontinuation by the client

(1) If processing is still at a non-advanced stage, the client may, after prior agreement with Nexstorya, postpone its continuation (e.g. to a later semester). In that case Nexstorya freezes the offer.

(2) A processing fee of €250 is payable for the postponement.

(3) With the postponement the client receives a new deadline for continuation, set by Nexstorya. If this deadline passes unused, there is no entitlement to a refund; the contract is deemed fulfilled.

(4) If the client changes or discontinues booked services or partial steps outside ongoing processing, they must reimburse Nexstorya for all costs already incurred and indemnify Nexstorya against liabilities towards commissioned third parties (e.g. translation agencies).

§9 · Consultation appointments

(1) Appointments are agreed individually and confirmed by e-mail or via the agreed communication channels.

(2) Rebooking is free of charge up to 24 hours before the agreed appointment at the latest. For rebookings or cancellations at shorter notice a processing fee of €25 may be charged.

(3) If the client does not attend the agreed appointment (no-show) or cancels less than 24 hours beforehand, the appointment is deemed to have taken place; it is not refunded and not made up free of charge.

(4) If the client is more than 15 minutes late, Nexstorya is entitled to treat the appointment as missed or to hold it in shortened form.

(5) Consultation appointments included in the booked package but not used remain usable for up to 6 months after conclusion of the contract, unless expressly agreed otherwise. Receipt of an admission or any other success within the meaning of §4 does not automatically cause appointments already booked but not yet used to lapse.

§10 · Visa services

(1) Nexstorya supports the client in preparing the visa application, in particular with documents, strategy and appointment preparation.

(2) Nexstorya has no influence on decisions of the embassy, processing times, additional document requirements or changes in the law and accepts no responsibility for them.

§11 · Application packages

(1) Nexstorya prepares or optimises application documents on the basis of the information provided by the client.

(2) Nexstorya accepts no responsibility for hiring or admission decisions or for responses from universities or employers.

§12 · Liability

(1) Nexstorya's liability — on whatever legal ground — is limited to intent and gross negligence.

(2) This does not apply to damage arising from injury to life, body or health or to claims under the German Product Liability Act; in those cases Nexstorya is also liable for simple negligence.

(3) In the event of a simply negligent breach of essential contractual obligations (cardinal obligations), Nexstorya's liability is limited in amount to the foreseeable damage typical of the contract.

(4) Nexstorya does not owe any particular result. In particular there is no guarantee of:

• the granting of a visa
• a job or employment contract
• an invitation to an interview
• the granting of a Blue Card
• the availability of appointments at embassies
• a particular processing time
• approvals by authorities

(5) Liability is also excluded for decisions of third parties (universities, authorities, embassies, employers), delays, changes in the law, technical failures and events of force majeure (see §3).

(6) If the client does not follow a recommendation of Nexstorya or deviates from it, Nexstorya's liability for any resulting disadvantages ceases entirely.

§13 · Default and the client's right of withdrawal

(1) If Nexstorya is in default with an agreed, binding service, the client may withdraw from the contract only after having set Nexstorya, in text form, a grace period of at least 30 days and that period having expired without result.

(2) Claims for damages by the client for non-performance or default are excluded, except in the case of intent or gross negligence on the part of Nexstorya.

§14 · Commissioning of third parties and power of attorney

(1) Nexstorya is entitled to commission third parties (e.g. translation agencies, partner agencies, freelance consultants) to fulfil the contract.

(2) The client grants Nexstorya the power of attorney required to fulfil the contract, in order to communicate on their behalf with universities, authorities, embassies and employers and to submit documents. A separate written power of attorney is provided on request.

§15 · Confidentiality / prohibition of disclosure

All information exchanged in the course of the cooperation — including documents, consultation content and communication — is intended exclusively for Nexstorya and the client. Both parties are prohibited from passing this information on to third parties without the prior consent in text form of the other party, unless this is necessary to fulfil the contract (e.g. towards universities, authorities or third parties commissioned under §14).

§16 · Intellectual property

All checklists, templates, strategies, calculations, application documents, documents and concepts created by Nexstorya are subject to Nexstorya's copyright. They may not be reproduced, published or passed on to third parties without Nexstorya's prior consent in text form.

§17 · Extension of the scope of services

(1) If the scope of services is subsequently extended in time, place or content (e.g. additional universities, a further country, extended support), separate remuneration is payable.

(2) For additional services within an existing contract a reduced rate of €90 per hour applies.

§18 · Communication

(1) Nexstorya's processing and response times are based on working days (Monday to Friday, excluding public holidays in Bavaria).

(2) Enquiries are generally answered within 2 working days. This applies correspondingly to the feedback the client owes under §5.

§19 · Terms of payment

(1) On booking, a deposit is due, the amount of which follows from the respective offer. By paying the deposit the client bindingly instructs Nexstorya to begin processing.

(2) Payment in advance applies as a rule: the full amount is to be paid before the start or continuation of the respective service. In justified exceptional cases payment by instalments may be agreed individually; in that case the client is obliged to pay the instalments on time in accordance with the agreed payment plan.

(3) Unless otherwise agreed, payments are due without deduction within 3 days of invoicing.

(4) Services that have not been paid for — in particular additional services, translations or other services to be remunerated separately — are not provided by Nexstorya.

(5) If an outstanding payment delays or jeopardises the application, visa or coaching process, Nexstorya is entitled to suspend processing in whole or in part until payment has been received in full.

Nexstorya accepts no liability for delays, missed deadlines or other disadvantages caused by an outstanding payment of the client.

(6) All prices stated in the respective offer are total or gross prices and include the statutory value added tax applicable at the time (currently 19 %), unless expressly marked as net prices.

§20 · The client's own responsibility

The client remains responsible at all times for the accuracy of their statements, the timely submission of documents and communication with authorities, unless expressly agreed otherwise.

§21 · Changes to official requirements

Authorities, embassies and employers may change their requirements at any time. Nexstorya provides information to the best of its knowledge but does not warrant that requirements or procedures will remain unchanged during processing.

§22 · Data protection

Nexstorya processes the client's personal data exclusively for the fulfilment of the contract and in accordance with the privacy policy at nexstorya.de/de/datenschutz.

§23 · Publication, reporting & reviews

(1) As part of its public relations work (e.g. blog, social media, references), Nexstorya reports on its work and its successes. The client agrees to the use and publication of information about their application or coaching process. This consent is a prerequisite for cooperation with Nexstorya.

At the client's express request, names and identifying details are anonymised or abbreviated. In all other respects the privacy policy under §22 applies to personal data.

(2) Upon receipt of a university admission or a training place, and after successful completion of job coaching, the client undertakes, where possible, to leave a review of the cooperation with Nexstorya (e.g. on Google, Trustpilot or a comparable platform).

§24 · User account (my.nexstorya.de)

(1) Clients who have booked a consulting service may, on request, be given access to our personal client area (my.nexstorya.de). Access is set up via a personalised invitation link; registration requires express agreement to these GTC and to the privacy policy in the version valid at the time of registration.

(2) The client is obliged to keep their access credentials (password and, where applicable, the second factor of two-factor authentication) confidential and to notify Nexstorya without delay if there is any suspicion that unauthorised persons have obtained knowledge of them.

(3) The client may delete their user account and all associated personal data at any time, on their own, via the account settings; for security reasons this requires confirming a code sent to the e-mail address on file. Deletion of the user account does not affect contracts already concluded; deleting the account gives rise to no claim to a refund of services already rendered or paid for. Further details on data processing in the user account are set out in the privacy policy of the client area.

§25 · Final provisions

(1) Amendments and additions to this contract must be made in text form (e.g. e-mail).

(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(3) The place of jurisdiction is, to the extent permitted by law, Nexstorya's registered office in Passau.

(4) Should any provision of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.

(5) Nexstorya reserves the right to amend these GTC at any time with effect for the future. For contracts already concluded, the GTC valid at the time of conclusion of the contract apply.