Terms and Conditions
Please read these Terms of Business carefully, as they set out our and your legal rights and obligations in relation to our services.
Definitions and interpretation
- In these Terms of Business:
- Charges means the charges specified in the Statement of Services / the Hourly Rate multiplied by the number of person-hours spent by the Tutor performing the Services payable by the Client to the Provider, [which may be varied in accordance with Clause 5;
- Client means the client for Services under the Engagement, as identified in the Statement of Services;
- Effective Date means, in relation to an Engagement, the date of execution of the Statement of Services relating to that Engagement;
- Engagement means a contract between the Provider and the Client for the supply of the Services incorporating these Terms of Business and a Statement of Services, and any amendments to that contract from time to time;
- Force Majeure Event means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
- Hourly Rate means the Provider’s standard hourly labour rate as specified in the Statement of Services / published on the Provider’s website on the Effective Date / notified by the Provider to the Client, as it may be varied in accordance with Clause 5;
- Premises means the premises at which the Services are provided;
- “Provider” mean Private Law Tutor;
- Services means the tutoring services and written work supplied or to be supplied by the Provider to the Client under an Engagement, details of which are set out in the Statement of Services (or, to the extent that no such details are set out in the Statement of Services, details of which will be agreed between the parties acting reasonably from time to time);
- Statement of Services means the statement of services document issued by the Provider to the Client detailing the scope of the Services and other matters relating to an Engagement;
- Term means the term of an Engagement; and
- Tutor means the individual tutor or tutors who will provide the Services.
- In these Terms of Business, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
- In these Terms of Business, ―persons‖ include companies, partnerships, limited liability partnerships, unincorporated associations and trusts.
- The ejusdem generis rule is not intended to be used in the interpretation of these Terms of Business.
- Each Engagement will come into force on its Effective Date and will continue in force until the Services agreed in the Statement of Services have been completed, upon which it will terminate automatically (unless previously terminated in accordance with Clause 12 / indefinitely, unless and until terminated.
- The Provider will supply the Services to the Client in accordance with the Statement of Services.
- The Provider may suspend the provision of the Services if the Client fails to pay by the due date any amount due to the Provider in respect of the Engagement.
- From time to time during the Term the Provider may be unable to supply the Services by reason of personnel illness or shortage, in which case:
(a) the Provider will use reasonable endeavours to engage alternative personnel to supply the Services; and
(b) the Provider will be under an obligation to re-arrange the session and will not be in breach of the terms of the Engagement by virtue of any failure to supply the Services arising out of such inability at any given session.
- Services will not be provided on Christmas Day, Boxing Day or New Year’s Day / any day which is a bank holiday in England.
- The Client will ensure that the Premises are in good order for the supply of the Services.
- The Client will pay the Charges to the Provider.
- The Provider charges time and a half outside of office hours and weekends.
- The Provider may elect to vary the Charges / Hourly Rate by giving to the Client not less than 30 days’ written notice of the variation.
- The Client will pay the Charges to the Provider at the start or end of each Services session, and the Provider will issue a receipt for the Charges to the Client following payment.
- The client agrees to be bound by the Providers strict no refund policy due to the highly individual and particularized nature of the services provided by us. The client further agrees that refunds will only be given in extreme circumstances — for instance the failure to completely deliver tuition — and that all refunds are at the complete discretion of the provider.
Session cancellation and refunds
- Where the Client cancels an arranged Services session by giving written notice to the Provider at least 24 hours before the session, either:
(a) the parties will re-arrange the session; or
(b) if the parties are unable to re-arrange the session, the Client will have no obligation to pay the Charges in respect of that session and the Provider will refund the Charges previously paid in respect of that session.
- Where the Provider is unable to provide the Services at an arranged session, the Client will have no obligation to pay the Charges in respect of that session and the Provider will refund the Charges previously paid in respect of that session.
- The Client warrants to the Provider that he or she has the legal right and authority to enter into and perform his or her obligations required by each Engagement.
- The Provider warrants to the Client that:
(a) it has the legal right and authority to enter into and perform its obligations required by each Engagement;
(b) the Services will be performed with reasonable care and skill; and
(c) the Tutor is suitably qualified to provide the Services, and the Tutor has the qualifications and certifications specified in the Statement of Services.
- Either party may terminate an Engagement at any time by least 30 days’ written notice to the other party, from the start of the contract.
- Either party may terminate an Engagement immediately by giving written notice to the other party if the other party:
(a) commits any material breach of any provision of the terms of the Engagement; or
(b) persistently breaches the terms of the Engagement.
Effects of termination
- Upon termination of an Engagement all the provisions of these Terms of Business and the Statement of Services will cease to have effect, save that the following provisions of these Terms of Business will survive and continue to have effect (in accordance with their terms or otherwise indefinitely).
- Termination of an Engagement will not affect the Provider‘s accrued liabilities and rights (including accrued rights to be paid) as at the date of termination.
Provision of service of written work
- the Company hereby warrants that: –
(a) the Services that will be provided to the Client will be prepared or written or provided exclusively by a university lecturer with a relevant postgraduate degree;
(b) the Services are plagiarism-free and where relevant the work which forms part of the Services are subject to analysis by its quality control team.
(c) the Company does not own and is not affiliated with any essay databank or essay database.
(d) not to re-sell, or re-distribute, either for sale or otherwise, any written material supplied to the Client as part of the Services.
- These warranties contained in clause 15 are conditional upon the Client‘s agreement to the following: –
(a) that any writing service (model answer) sold to them by the Provider is sold and intended solely for the purpose of inspiring that client‘s own work through giving an example of model research, writing, expression and structuring of ideas. The client must never submit as if their own work, either in part or total, to their university, school or any other institute of education a writing service sold to them by the Provider;
(b) not to re-sell, re-publish, re-distribute or in any other way violate the copyright of any written material sold to them by the Provider;
(c) that the Provider has the right to refuse to continue the preparation or sale of any written material, either in part or in full, which the Provider suspects of being used in breach of any of these terms and conditions;
- that the Client has to thoroughly examine, before ordering any service from the Provider, the particular rules regulations and provisions of their University or School governing the preparation and submission of academic work, and to check whether these provisions permit the employment of services such as those offered by the Provider;
- that any view or statement expressed by the Provider or its employees either on its website or elsewhere, does not constitute advice to the Client about the suitability of his or her use of our Services, but rather these views and statements are ‗opinions‘;
- that the services are rendered purely and solely as academic assistance and do not constitute in any form of professional advice;
- The Provider explicitly and unambiguously condemns plagiarism in all its forms. The Provider maintains the right to deny the provision of Services to any person for whom the Provider has evidence to suggest that person has committed the act of plagiarism.
- The Provider agrees that the Clients use of its Services will be kept completely confidential and that their personal or other details will never knowingly be revealed to any third parties.
- All services provided by the Provider remain the copyright of the Provider. No materials of any kind supplied by the Provider may be reproduced redistributed or displayed without the express agreement of the Provider. The Client shall indemnity and keep the Provider indemnified against all liability in respect of any infringement of copyright or any other similar right or claim resulting from a breach of this condition.
- Where the Client has contacted for a block of hours this will qualify them for a block of hours discount of the total Services / the Hourly Rate depending on the by the number of person-hours spent by the Tutor performing the Services payable by the Client to the Provider, which may be varied.
- Any cancellation of a block booking will invalidate the discount that has been applied;
- Any scheduled session which forms part of the block booking must be taken in the period in which it is assigned. The Client cannot demand performance of a bulk of hours toward the end of the block period;
- A block booking of provision of tuition service cannot be substituted for a provision of service of written work only except at the Provider discretion;
- A block booking cannot be re-divided, re-sold or re-distributed only except at the Provider discretion.
- A block booking must be used in the period for which it is brought.
- Where a client is unhappy with the quality of the service received, the Provider will employ the complaints procedure and write to Sarah at firstname.lastname@example.org