TERMS AND CONDITIONS TUTORIALS (B-to-C)
OF
ANDREW BURY OF PAYASYOULEARNENGLISH LIMITED
1 DEFINITIONS
The following expressions shall have the following meanings:
1.1 “Tutor” means Andrew Bury of PayAsYouLearnEnglish Limited of
8 Hudson Way, Norwich, England, NR5 9NJ.
1.2 “Customer” means any party who enters into a contract for Services with the Tutor.
1.3 “Student” means the person to be tutored (for persons 18+ years of age, the Student is usually also the Customer).
1.4 “Agreement Form” means a booking document, registration form, letter of engagement, quotation or other written instruction describing the Services and requesting a contract for those Services;
1.5 “Services” means the tutoring services as described in the Agreement Form and these Terms and Conditions;
1.6 “Fees” mean the payment for Services as outlined in these Terms and Conditions and the Agreement Form;
1.7 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Tutor;
1.8 “Agreement” means the contract between the Tutor and the Customer for the provision of the Services incorporating these Terms and Conditions.
2 GENERAL
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Tutor to the Customer and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Tutor.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Tutor may be entitled in relation to the Services, by virtue of any statute, law or regulation.
3 AGREEMENT FORM
3.1 The Agreement Form is attached to the Invoice.
3.2 The Agreement Form shall remain valid for a period of 30 DAYS.
3.3 The Agreement Form must be accepted by the Customer in its entirety.
3.4 The Agreement between the Tutor and the Customer, incorporating these Terms and Conditions, shall only come into force when the Tutor confirms acceptance in writing to the Customer.
4 SERVICES AND DELIVERY
4.1 The Services are as described in the Agreement Form and in these Terms and Conditions.
4.2 Any variation to the Services must be agreed by the Tutor in writing.
4.3 The Tutor shall take all reasonable measures to keep course information correct but may alter course details at any time. The Tutor shall notify the Customer in writing of any such changes.
4.4 The Services shall commence on a START DATE and shall continue until a FINISH DATE (subject to the terms of the Agreement Form).
4.5 The Services shall be carried out at the location described on the Agreement Form or other location as agreed by the Tutor.
4.6 Dates given for the delivery of Services are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Agreement and the Tutor shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services.
4.7 Tutorial sessions shall be conducted on an individual or shared basis as agreed with the Tutor and specified on the Agreement Form.
4.8 The method used to conduct the tutoring is: in person OR by telephone OR by email OR online.
NOTE: Sessions will be online only during the coronavirus outbreak.
5 FEES
5.1 The price for Services is as specified in the Agreement Form and is inclusive of any other charges as outlined in the Agreement Form.
5.2 The terms for payment are as specified in the Agreement Form.
5.3 The minimum duration for a tutoring session is 30 minutes.
5.4 In the event that a tutorial session, at the Customer’s request, is conducted at a place other than the Tutor’s online place of business the Customer is responsible for the expenses incurred by the Tutor when travelling to and from the tutorial session, hiring the venue and any other reasonable expenses.
5.5 The Customer is responsible for the full costs of any books and materials provided or otherwise required by the Tutor for the purpose of providing the Services.
5.6 The Customer must settle all PAYMENTS for Services IN ADVANCE of the tutorial session and no later than 14 days from the invoice date, whichever is sooner.
5.7 The Customer will pay interest on all late payments at the current base lending rate of The Bank of England.
5.8 The Tutor is also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due from the Customer is late.
5.9 The Customer is not entitled to withhold any monies due to the Tutor.
5.10 The Tutor is entitled to vary the price to take account of:
5.10.1 any additional Services requested by the Customer which were not included in the original Agreement Form;
5.10.2 any reasonable increase in rates, if applicable;
and any variation must be intimated to the Customer in writing by the Tutor.
5.11 The Tutor shall be responsible for the payment of National Insurance contributions, Income Tax, VAT or other liabilities arising out of remuneration for providing the Services.
6 CUSTOMER OBLIGATIONS
6.1 The Customer agrees to cooperate fully with the Tutor with regard to the obligations set down in these Terms and Conditions.
6.2 The Customer is responsible for the prompt attendance of the Student at the tutoring session. If the Student is late or absent the Tutor shall not extend the time of the booked tutoring session.
6.3 The Customer must ensure that regular practice of learned material should be undertaken by the Student between each tutorial session and any homework tasks set by the Tutor are completed in full.
6.4 The Customer agrees to pay the Fees as specified on the Agreement Form and in these Terms and Conditions.
6.5 The Customer must ensure that the Student behaves in a respectful and appropriate manner at all times. Disruptive or threatening behaviour by a Student will result in dismissal. In such cases no refunds shall be payable by the Tutor to the Customer.
6.6 The Customer must bring to the attention of the Tutor any dissatisfaction with the Services as soon as the Customer becomes aware of such issues.
6.7 If the Customer uses car parking facilities at the place of business of the Tutor or chosen venue of the Tutor the Customer is solely responsible for any damage or loss to the vehicle or its contents.
6.8 Persons other than the Student are not permitted to attend a tutorial session unless the prior consent of the Tutor has been obtained.
6.9 The Customer must remain on the premises at all times when the teaching venue is not at the Tutor’s online place of business. The Tutor is not responsible for guarding a house or its contents at any time.
7 TUTOR OBLIGATIONS
7.1 The Tutor shall supply the Services as specified in the Agreement Form and in these Terms and Conditions.
7.2 The Tutor shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with any recognised codes of practice and government guidelines.
7.3 The Tutor shall hold all professional qualifications required to provide the Services.
7.4 The Tutor does not guarantee exam success for the Student.
7.5 The Tutor shall assess the Student’s current skill in terms of the language they are wishing to learn and allocate the Student to the appropriate course level.
8 PROVISION OF TUTORING TO A MINOR
8.1 In the event that the Student is a minor (under the age of 18) the Tutor cannot be held responsible for chaperoning the Student. In such situations a responsible adult must remain at the teaching venue at all times.
8.2 The Tutor shall complete all necessary vetting and barring processes required for adults who work with children and young people and shall provide evidence of this to the Customer, if requested, prior to the commencement of the Services.
9 REFUNDS AND CANCELLATIONS (CUSTOMER)
9.1 Payments for session fees (less any expenses already accounted for) are refundable where the Customer notifies the Tutor to cancel the booked tutoring session prior to 24 hours before the session.
9.2 Payments for session fees (less any expenses already accounted for) can be carried forward where the Customer notifies the Tutor to postpone or rearrange the booked tutoring session prior to 24 hours before the session.
9.3 A refund is only considered in exceptional circumstances where the Customer notifies the Tutor to cancel/postpone/rearrange the booked tutoring session within 24 hours of the time of the start of the session. Any such refund (less any expenses already accounted for) is made at the discretion of the Tutor (customers are advised to hold insurance to cover their circumstances).
9.4 If the Student is late or absent (without prior notification as in 9.1 or 9.2 or 9.3) the Tutor shall not extend the time of the agreed session, nor give any refund.
10 REFUNDS AND CANCELLATIONS (TUTOR)
10.1 If the Tutor is unable to hold a booked session, or has to postpone it, all attempts will be made to offer an alternative date that is suitable to the Customer (at no extra cost).
10.2 In the event that the Tutor cancels a tutorial session a full refund of fees for that session shall be made to the Customer.
11 PERSONAL INFORMATION
11.1 The Tutor shall comply with the Data Protection Act 1998 and any other applicable data protection legislation concerning the processing of the Customer’s or Student’s personal data.
11.2 Photos and/or video/audio may be taken during a tutorial session for publicity purposes or for recordings to be used for Student or Customer feedback. Any Customer or Student not consenting to this must inform the Tutor prior to the commencement of the Services.
12 TERMINATION
12.1 The Tutor many terminate this Agreement with immediate effect if the Customer or Student demonstrates any physical or verbal abuse towards the Tutor.
12.2 The Customer may terminate the Agreement if the Tutor fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 14 DAYS after notification of non-compliance is given.
12.3 The Tutor may terminate the Agreement if the Customer has failed to make over any payment due in advance of the tutorial session or within 14 DAYS of the sum being requested, whichever is sooner.
12.4 Either party may, with immediate effect, terminate the Agreement by notice in writing to the other if:
12.4.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
12.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
12.4.3 PayAsYouLearnEnglish Limited passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
12.4.4 PayAsYouLearnEnglish Limited ceases to carry on its business or substantially the whole of its business; or
12.4.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
12.5 In the event of termination the Customer must make over to the Tutor any payment for Services incurred up to the date of termination.
12.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
13 WARRANTY
Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
14 LIMITATION OF LIABILITY
14.1 The Tutor shall not be liable under any circumstances to the Customer, Student or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer, Student or other third party howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
14.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Tutor for death or personal injury, however the Tutor shall not be liable for any direct loss or damage suffered by the Customer, Student or third party howsoever caused, as a result of any negligence, breach of contract or otherwise.
15 INDEMNITY
The Customer shall indemnify the Tutor against all claims, costs and expenses which the Tutor may incur and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms and Conditions.
16 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
17 ASSIGNMENT
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Tutor.
18 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
19 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
20 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
21 NOTICES
Any notice to be given by either party to the other may be served by email, personal service or by post to the address of the other party given in the Agreement Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
22 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
23 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of ENGLAND and the parties hereby submit to the exclusive jurisdiction of the ENGLISH courts.
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