Terms and Conditions

1. Jurisdiction and General Information

The following terms and conditions (“T&Cs”) are the basis of the internet-based use of all applications provided by study clever GmbH (henceforth known as “study clever”) The T&Cs are valid for both free and paid offerings of study clever.

study clever GmbH, Ritterstraße 12-14, 10969 Berlin, is represented by the managing director David Czaniecki.

study clever reserves the right to change or modify the T&Cs at any point in time.

2. Services & Remuneration

The use of the online tax return software provided by study clever may invoke a service fee. The service is only payable after the tax declaration is completed. The customer is informed about the fees and payment terms directly in the tool.

The payment of the due fee is completed via SEPA-debit. In no scenario does this invoke any additional fees for the customer. With the payment via SEPA-debit study clever informs the customer about the amount and payment terms at least three days in advance by email. The customer is responsible for having sufficient account balance. If the amount fails to debit or charge-backs, all costs are to be carried by the customer, as long as the debit failure or charge-back was not caused by study clever.

The main service that study clever provides is a user-friendly online tax declaration generation software for students and graduates. For this service, no software has to be installed on the local computer. The provided software is a technical assistance with which customers are able to independently enter their tax data, submit their tax declaration electronically with the help of the ELSTER-process to the tax authority. In case the tax authority provides the tax assessment electronically, the customer can also retrieve this data from the ELSTER-interface. Individual tax support is not offered. Study clever’s service is limited to the provision of tax software with which the customer can individually create a tax return. The right of revocation expires once the customer agrees to the payment terms by clicking the button “Enter contract with obligation to pay”.

The electronic transfer of the tax return to the tax authority is free of charge. After completing the tax return, the customer can send the tax declaration to the tax authority independently via the ELSTER-process. The required technologie is provided by study clever.

Additionally, study clever offers a series of free services with “Tax Knowledge” (Blog). These are primarily informative articles about “studying and taxes”. All articles offered in this blog are kept general and do not help on an individual basis.

study clever regularly reminds registered customers via email about the submission of a tax declaration, as long as it was not submitted via our platform.

3. Customer Liability

study clever does not check for content and the completeness of the entered data. The customer carries sole responsibility for the completeness and correctness of his/her data.
The tax declaration is not - except from the customer himself/herself - checked for content in any way. Entry or content mistakes are thus not in our area of influence The customer is obligated to check his/her automated tax declaration for any mistakes and completeness before submitting it to the tax office. With the signature on the tax declaration, the customer confirms to the tax authority that his/her entered information is accurate.

To avoid any missed deadlines, the customer must submit the tax declaration on time. study clever does not monitor legal deadlines and does not assume any liability for any damages that result in missing deadlines, late submissions, or printing mistakes. The signed abbreviated version of the tax declaration should be submitted at the responsible tax office as soon as possible after submitting the tax data with our software.

Unsigned tax declarations are not accepted by the tax office. The customer has to take technical difficulties, e.g. a technical delay of data over the internet, into account when submitting.

4. Contract Partners, Contract Conclusion

The contractual partner is study clever GmbH.

The access to the study clever application requires a registration. Here the customer needs to submit an e-mail address and a personal password. After registering the customer receives an email to confirm her registration. With the registration a free-of-charge contractual relationship is established between study clever and the registered customer, which is bound to the Terms and Conditions.

The use of the application “Germantaxes” which creates tax declarations is subject to a charge as describes in clause 2 “Services & Remuneration”. With the click on the button “Enter contract with obligation to pay”, the customer agrees to said clause. The customer independently transfers the tax declaration electronically. There are no costs associated with this transfer. study clever provides the necessary technology.

5. Right of Revocation

START OF RIGHT OF REVOCATION

The customer reserves the right of revocation within 14 days of conclusion of contract without reasons. To make use of this right you are obliged to send a clear explanation of this decision to cancel the contract to study clever GmbH (Ritterstraße 12-14, 10969 Berlin, email: [email protected], telephone: 030-98337017) by way of post, facsimile or email. You can use our example cancellation letter (https://germantaxes.de/widerrufsformular.pdf), which is not pre-written. To stay within the cancellation period, sending this letter informing about the cancellation would suffice.

The right of revocation expires if study clever provided the full service (User software for tax declaration generation, see 2. Services & Remuneration) and only started with the execution after the customer gave his/her explicit agreement and concurrently acknowledges that the right of revocation is lost when the contract is fulfilled by study clever (§356 (4) BGB).

Important Information: With the confirmation of the SEPA-Mandate, study clever rendered its full service and a revocation or cancellation is not possible anymore.

END OF RIGHT OF REVOCATION

Consequences of cancellation:

If you cancel this contract, we commit to reimburse all payments that we have received from you, including delivery fees (with exception to extra costs that result from choosing another method of delivery than our standard offered delivery), without delay and within 14 days from the day we received the cancellation letter. For this reimbursement we will use the same payment method, which you used originally, except there was an explicit prior agreement; in no scenario you will have to pay extra fees.

6. Liability regulations

The services of study clever do not include any individual consultation or examination of the data users have entered. Legal reasons prevent us from giving you consultation over the phone to individual tax questions. The processing of your tax declaration, the tax assessment and the notice of assessment is solely the responsibility of your local tax office. The calculation by study clever in the application is fully automated and based on the data you entered. It is to be treated as a non-binding preview of the expected tax assessment.

All information, explanations, tips and examples that are shown when entering the information are general descriptions. They describe a normal tax case and show the user a way to use our tool. We can not guarantee that the information in our tool is applicable to the individual (study) circumstance of the user. If there are any questions or difficulties regarding the content of the tax declaration, that are not covered by our general explanations, the user should approach the tax consultant of their choice.

study clever does not give any guarantee for the correctness, the completeness or the topicality of the offered information, except in cases of malicious intent or severe negligence. We especially do not bear liability for mistakes, that could have been avoided when carefully and meticulously checking the tax declaration. Same thing applies for mistakes in the tax declaration that resulted from the entering data in the wrong field in the tax interview (e.g. wrong section).

If study clever refers links that lead to another website, study clever is not responsible for the content on those websites. study clever does not claim this 3rd party content as its own. If any illegal or disputable content is in this website, we will delete this link from our website with immediate effect.

When study clever calculates the expected tax payment or refund, it is a non-binding approximation. study clever calculates the tax debt on the basis of the entered data with the respective laws and the calculation methods detailed within with utmost care. The calculation of study clever can still deviate from final results, because the German tax law wording leaves room for interpretation. We do not guarantee a certain success with the tax assessment.

study clever is a service that is available at any time of day and any day of the year. Contrary to this it is not possible to exclude all technical mistakes and do not guarantee full availability and we are not liable for any technical interruptions.

Should the software that study clever uses to offer its services have any mistakes that would e.g. result in a malfunction, a mistake or an inaccuracy of our online tax declaration, study clever is entitled to find a technical workaround as long as the elimination of errors is not connected to an unreasonable amount of effort and the usability is not significantly impaired by the workaround.

study clever claims liability towards the customer in all cases of contractual or non-contractual breaches if malicious intent or excessive negligence according to lawful regulations on compensation or replacement of services.

All other compensation claims are not taken into account.

7. Final provisions

The law of the Federal Republic of Germany shall apply. For consumers, this only applies to the extent that they do not lose the protection of binding legal provisions of their state of usual residence. If you are a merchant, a legal entity of public law or public special assets the place of jurisdiction for all conflicts resulting from these terms and conditions or your contractual relations about study clever’s services is our registered office as long as there is no requirement for an exclusive place of jurisdiction. Differing, contrary or supplementing terms and conditions are not, even with acknowledgement, part of the contractual relationship, except if we explicitly agree to your validity in written form. If individual clauses of these terms and conditions or our contractual relationship are voided either partially or completely, the validity of all other clauses is unaffected. The relevant legal provision then replaces the invalid provision.

Effective: 29.06.2016