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
1.1 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 Limited a company incorporated in England and Wales registration number 9984691, UK, having its registered office at 2nd Floor, Pritt House, 23 Pembridge Square, London, W2 4DR
―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.
1.2 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.
1.3 In these Terms of Business, ―persons‖ include companies, partnerships, limited liability partnerships, unincorporated associations and trusts.
1.4 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 in accordance with Clause 12.
3.1 The Provider will supply the Services to the Client in accordance with the Statement of Services.
3.2 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.
3.3 Subject to Clause 3.4, the Provider may sub-contract the provision of the Services; providing that if the Provider does sub-contract the provision of the Services, the Provider will remain liable to the Client for the performance of the sub-contracted obligations.
3.4 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.
3.5 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.
5.1 The Client will pay the Charges to the Provider in accordance with the provisions of Clause 6.
5.2 All amounts stated in the Statement of Services or in relation to an Engagement are stated inclusive of all value-added taxes.
5.3 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 expiring at the end of any calendar year, providing that any such variation must not result in a percentage increase in the Charges / Hourly Rate during the Term in excess of the percentage increase during the same period in the Retail Prices Index (all items) published by the UK Office for National Statistics.
6.1 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.
6.1 The Provider may issue an invoice for the Charges to the Client from time to time during the Term / on or after the dates set out in the Statement of Services / at any time after the relevant Services have been provided to the Client]. The Client will pay the Charges to the Provider within 7 days of the date of issue of an invoice issued in accordance with this Clause 6.1.
6.2 Charges must be paid by debit or credit card, direct debit, bank transfer, in cash or by cheque (using such payment details as are notified by the Provider to the Client from time to time).
6.3 If the Client does not pay any amount properly due to the Provider in connection with any Engagement, the Provider may charge the Client interest on the overdue amount at the rate of 8% per year above the base rate of Barclays UK plc Base Rate from time to time (which interest will accrue daily until the date of actual payment and be compounded quarterly).
6.4 Any claims of whatsoever nature by the Client against the Company in respect of the Services shall not entitle the Client to withhold payment for any part of the Services or other service purchased by the Client from the Company.
6.5 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
7.1 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
(a) 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.
7.2 Where the Provider is unable to provide the Services at an arranged session by reason of the circumstances described in Clause 3.4, 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.
7.3 Save as provided in Clause 7.1 and 7.2, the Client will not be released from liability to pay any Charges, and will not receive any refund of Charges paid, upon the cancellation of an arranged Services session.
7.4 Where the Contract for the supply of Services requires the performance of the Contract before the expiry of seven working days beginning with the day after the day on which the Contract is concluded the Client will not have the right to cancel the Contract.
7.5 The Client may cancel an order for the supply of services within seven working days from the day the Contract was concluded provided the Company may make a charge for any direct costs incurred as a result of the Client‘s order for the Services. The Client confirms that such requirements as need to be met by the Company under The Consumer Protection (Distance Selling) Regulations 2000 as amended have been met. If the Client is entitled to cancel the order the Company will refund the Client the amount the Client originally paid for the supply of the Services less any direct costs incurred within 30 days from the date the Company received notice of the cancellation.
8.1 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.
8.2 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.
8.3 All of the parties’ warranties and representations in respect of the subject matter of the Engagement are expressly set out in these Terms of Business and the Statement of Services. To the maximum extent permitted by applicable law and subject to Clause 9.1, no other warranties or representations concerning the subject matter of the Engagement will be implied into these Terms of Business, the Statement of Services, the Engagement or any other contract.
- Limitations and exclusions of liability
9.1 Nothing in the Engagement will:
(a) limit or exclude the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
(c) limit any liability of a party in any way that is not permitted under applicable law; or
(d) exclude any liability of a party that may not be excluded under applicable law,
and any statutory rights that you have as a consumer, that cannot be excluded, will not be affected by the Engagement.
9.2 The limitations and exclusions of liability set out in this Clause 9 and elsewhere in the Engagement]:
(a) are subject to Clause 9.1; and
(b) govern all liabilities arising under the Engagement or in relation to the subject matter of the Engagement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
9.3 The Provider will not be liable to the Client for any losses arising out of a Force Majeure Event.
9.4 The Provider will not be liable to the Client in respect of any kind or nature whether in contract or tort or otherwise or for any loss of profits or any other consequential loss arising out of the use of the Services by the Client or the late delivery of any of the Services or in the event that the use of the Services is in breach of the Clients‘ University or School regulations or the provisions governing academic work or in the event that the Client shall have referenced any substituted work to their University or School to the use of the Services or as a result of any breach of the provisions of condition.
- Distance contracts and consumer rights
10.1 This Clause 10 sets out the rights that consumers may have, in relation to an Engagement, under The Consumer Protection (Distance Selling) Regulations 2000.
10.2 This Clause 10 applies if and only if the Client agrees to an Engagement using any means of distance communication (including telephone, email and the internet).
10.3 Where this Clause  applies, the Client may cancel an Engagement at any time within 7 working days, beginning on the day after the contract for that Engagement came into force, providing that the Provider has not begun the provision of the Services with the agreement of the Client during that period.
10.4 If the Client cancels an Engagement in accordance with this provision, the Client will receive a full refund of the Charges paid in respect of the Engagement (if any).
10.5 The Provider will usually refund any money received from the Client using the same method used by the Client to pay the Charges. The Provider will process the refund due to the Client as soon as possible and, in any case, within 30 days of the day the Provider received the Client’s valid notice of cancellation.
- Force Majeure Events
Where a Force Majeure Event gives rise to a failure or delay in either party performing its obligations required by any Engagement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event.
12.1 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.
12.2 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.
12.3 The Client may terminate an Engagement immediately by giving written notice to the Provider if:
(a) the Provider: (i) is dissolved; (ii) ceases to conduct all (or substantially all) of its business; (iii) is or becomes unable to pay its debts as they fall due; (iv) is or becomes insolvent or is declared insolvent; or (v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the Provider; or
(c) an order is made for the winding up of the Provider, or the Provider passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party required by the Engagement).
12.4 The Provider may terminate an Engagement immediately by giving written notice to the Client if as a result of illness or incapacity the Client becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order.
12.5 An Engagement will terminate automatically if the Client dies.
12.6 The Provider may terminate an Engagement immediately at any time by giving written notice to the Client if the Client fails to pay in full and on time any amount due to the Provider whether due in respect of that Engagement or otherwise.
- Effects of termination
13.1 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): Clauses 1, 6.3, 9, 13 and 14.
13.2 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.
13.3 Early termination of an Engagement will affect the Client‘s accrued liabilities and rights (including accrued rights to be paid) as at the date of termination.
14.1 No breach of any term of any Engagement will be waived except with the express written consent of the party not in breach.
14.2 If a term of any Engagement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other terms of the Engagement will continue in effect. If any unlawful and/or unenforceable term would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the term will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant term will be deemed to be deleted).
14.3 No Engagement will constitute a partnership, agency relationship or contract of employment between the parties.
14.4 The terms of the Engagement may not be varied except by a written document signed by or on behalf of each of the parties.
14.5 The Client must not without the prior written consent of the Provider assign, transfer, charge, license or otherwise dispose of or deal in any rights or obligations under any Engagement. The Provider may assign its rights and obligations under the Engagement to any successor to all or a substantial part of the business of the Provider from time to time – providing such action does not serve to reduce the guarantees benefiting the Client under the Engagement.
14.6 Each Engagement is entered into for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement relating to any Engagement are not subject to the consent of any third party.
14.7 Subject to Clause [9.1], these Terms of Business and the relevant Statement of Services will constitute the entire agreement between the parties in relation to an Engagement, and supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
14.8 Each Engagement will be governed by and construed in accordance with the laws of England and Wales and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with an Engagement.
- Provision of service of written work
15.1 the Company hereby warrants that: –
15.1.1 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
15.1.2 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.
15.1.3 the Company does not own and is not affiliated with any essay databank or essay database.
15.1.4 not to re-sell, or re-distribute, either for sale or otherwise, any written material supplied to the Client as part of the Services.
15.2 These warranties contained in clause 15 are conditional upon the Client‘s agreement to the following: –
15.2.1 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;
15.2.2 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;
15.2.3 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;
15.2.4 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;
15.2.5 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‘;
15.2.6 that the services are rendered purely and solely as academic assistance and do not constitute in any form of professional advice;
15.3 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.
16.1 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.
17.1 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.
18.1 No failure to exercise no delay in exercising on the part of the Provider of any right or remedy shall operate as a waiver;
18.2 The waiver or variation of any of these terms and conditions at any time by the Company will constitute a waiver or variation for the purpose of that particular transaction only and the Clients obligations in respect of the failure performance shall remain in full force and effect.
- Block Bookings
19.1 Where the Client has contacted for a block of hours this will qualify them for a 5%, 10%, or 20% 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 in accordance with Clause 5;
19.2 Any cancellation of a block booking will invalidate the discount that has been applied;
19.3 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;
19.4 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;
19.5 A block booking cannot be re-divided, re-sold or re-distributed only except at the Provider discretion.
- Complaints Procedure
20.1 Where a client is unhappy with the quality of the service received, the Provider will employ the complaints procedure;
20.2 The work produced or provided by the tutor will be subject to independent review by an independent tutor;
20.3 The independent tutor will take into consideration the price paid by the Client, the problem scrutinized, the information made available to the tutor; any attendance notes made at the time the service was provided and a decision will be made accordingly.
20.4 If the independent tutor feels that the service provided was below satisfactory a full refund will be provided to the Client.