Terms of Service
In consideration of the mutual covenants and agreements herein contained, the parties hereto, intending, to be legally bound, agree as follows:
1. SERVICES PROVIDED
Company is prepared to develop, prepare and supply study material; inclusive of notes, exercises and tests to the Client through tuition based on the package they selected and payed for.
Tutoring lessons are to take place at the home of the Student or online depending on the service structure elected.
2. CALCULATION OF FEES AND OTHER CHARGES
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Fees for Tutoring services are calculated on the time spent by the Company’s Tutor, multiplied by the relevant hourly rate. Time is costed by reference to Hourly tuition subject to the package taken. The hourly rate is as per package selected. Prices are VAT inclusive.
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Before any bill is sent to Client, the Company’s Representative responsible for the matter will review it to ensure that fees and other charges are appropriate.
3. BILLING ARRANGEMENTS
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Billing occurs prior to any service provision with the description of work intended to be performed during the specified period.
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Bills are payable within the stipulated date of the date of invoice.
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3. AMENDMENTS TO FEES
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Pursuant to our constitutional obligations and in exercise of our contractual rights, the Company retains the discretion to amend its fee structure at its sole discretion. It is explicitly stipulated that such modifications shall not impact extant agreements with current or ongoing clients, irrespective of the execution status of the services contracted.
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For existing and ongoing clients who have consummated transactions prior to any modification in fees, the agreed-upon fee structure at the time of engagement shall endure for the duration of the contracted service period. Any subsequent alterations to the fee schedule shall solely apply to services procured subsequent to the effective date of the fee amendment.
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4. NOTICE OF FEE ADJUSTMENTS
In conformity with the constitutional right to fair and reasonable contractual terms, the Company shall make reasonable efforts to apprise the Client of impending alterations to the fee structure. Notification may be effectuated through electronic mail, publication on our website, or other pertinent communication channels. The onus is hereby placed on the Client to diligently review such notifications and remain apprised of any amendments to the fee schedule.
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5. NON-PAYMENT
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If Client does not pay a bill sent by Company or complies with a request for payment in advance within the number of stipulated days on the invoice, after the invoice is sent or the request is made, Company may immediately elect to not provide services.
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In the event of a payment bouncing due to lack of funds or any other reason for that matter, an additional fee of R50 will be charged to the Client
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6. REQUEST FOR FEE DETAILS & REMAINING WORK ESTIMATE
Company will provide upon request from Client, the details of the Service Structure selected, fees and costs of services to be performed prior to the commencement of Tutoring.
Company will also notify Client of the number of lessons remaining regularly once half of the lessons have been consumed.
7. CANCELLATION OF LESSONS BY STUDENT
The Student may cancel tuition by giving at least 24 hours prior notice to the Tutor or Company in writing, in which case no tuition fees will be incurred. Lessons not attended by the student without giving 24 hours prior notice to the Tutor shall be charged at the full rate
8. CANCELLATION OF LESSONS BY TUTOR
The Tutor may cancel tuition by giving at least 30 min prior notice to the Client in which case no tuition fees will be incurred. The Tutor shall reschedule the appointment at a time agreeable to both parties, failing which the Student shall be refunded with such a missed lesson fee.
9. LATE ARRIVAL
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Fees are calculated according to the times stipulated in the schedule and no adjustment shall be made for time lost because of late arrival by the Student.
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Any lost time because of the late arrival of the Tutor shall be compensated for by extending a lesson by mutual agreement and by such amount of time that was lost
10. OBLIGATIONS OF THE TUTOR
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The Tutor undertakes to do all preparation prior to lessons and to structure lessons in such a way as to optimize time to the benefit of the Student.
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The Tutor shall keep confidential all information of the Student and shall contact other parties involved in the education of the Student only if given written permission by the Student to do so.
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The Tutor shall not assign any of his/her duties or obligations under this tutoring contract to a third party without the written permission of the Student.
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The Tutor shall at no time be required or obliged to execute homework or assignments on behalf of the Student
11.OBLIGATIONS OF THE STUDENT
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The Student undertakes to assist the Tutor in identifying problem areas in which the Student needs specific tutoring.
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The Student agrees that assignments, exercises or homework form an integral part of tutoring and undertakes to complete such work timely.
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12. INTELLECTUAL PROPERTY
All content and materials provided by AdeTom Tutors, including but not limited to lesson plans, worksheets, and other educational resources, are the intellectual property of AdeTom Tutors. Clients are granted a limited, non-exclusive, non-transferable license to use these materials solely for the purpose of receiving tutoring services.
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13. PROHIBITATION ON POACHING TUTORS
Clients are strictly prohibited from attempting to recruit or hire tutors engaged by AdeTom Tutors for any purpose outside of the services provided by the company. Poaching of tutors is a violation of these terms and will result in severe consequences.
14. REIMBURSEMENT AND LEGAL CONSEQUENCES
If a client is found to have poached a tutor from AdeTom Tutors, they will be required to reimburse the full amount paid to the tutor, in addition to any legal fees incurred by the entity as a result of the poaching. The reimbursement must be made within 30 days of notification by AdeTom Tutors.
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15. LIMITATION OF LIABILITY FOR DAMAGES
AdeTom Tutors is not liable for any damage to goods or property that may occur as a result of the actions of our tutors. Clients acknowledge and agree that any damage caused by a tutor, whether during an online or in-person tutoring session, is the sole responsibility of the tutor.
Clients are encouraged to ensure that the tutoring sessions take place in a safe and suitable environment, and any valuable or delicate items should be removed or secured to prevent potential damage.
In the event that damage occurs, clients are advised to address the matter directly with the tutor involved. AdeTom Tutors will not be held responsible for any disputes or claims related to damages caused by a tutor.
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16. INDEMNIFICATION
Clients agree to indemnify and hold AdeTom Tutors, its officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or in connection with any damage caused by a tutor engaged through our services.
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17. TERMINATION BY CLIENT
Clients may terminate their agreement with AdeTom Tutors by providing written notification at least 5 days prior to the scheduled next lesson.
Failure to provide timely notice will result in the forfeiture of any possible reimbursement for the upcoming lesson or any unused lessons. Please submit your written termination notice to admin@adetomtutors.com to ensure proper processing.
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18. TERMINATION BY COMPANY
Company may terminate this agreement and stop acting for Client if:
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Client does not comply with this Agreement;
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Company or Tutor forms the opinion, on reasonable grounds, that mutual confidence and trust do not exist between both parties; or
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Company believes on reasonable grounds that, by continuing to act for Client, it may breach the professional conduct rules which are binding upon professionals in The Companies Act, 2008 (Act No. 71 of 2008).
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19. TERMINATION FOR DISHONEST CONDUCT
AdeTom Tutors values honesty and integrity in its interactions with clients. Any dishonest conduct by a client, including but not limited to providing false information, attempting to deceive tutors or AdeTom Tutors, or engaging in any fraudulent activity, will result in the immediate termination of the client's contract.
In the event of termination due to dishonest conduct, the client will not be eligible for any reimbursement of lessons or fees paid to AdeTom Tutors.
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20. NO WARRANTIES
The Tutor makes no promises or warranties with regards to a Student's performance as a result of any tutoring provided.
21. RELAXATION OF TERMS
No relaxation, indulgence, waiver or release by any party of any of the rights in terms of this agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.
22. ACCEPTANCE OF TERMS
By accessing or using the services provided by AdeTom Tutors, you agree to comply with and be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.
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23. MINORS
Where the Student is a legal minor, the Parent/Guardian shall enter into this tutoring contract on behalf of the Student and shall accept and agree to all the terms and conditions contained herein on behalf of the Student.
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24. PRIVACY
We respect your privacy. Our Privacy Policy outlines how we collect, use, disclose, and manage your personal information. By using our services, you agree to the terms outlined in our Privacy Policy.
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25. MODIFICATION OF TERMS
AdeTom Tutors reserves the right to modify or update these Terms of Service at any time. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these terms regularly to stay informed of any changes.
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26. COMMUNICATION AND CONTACT
By accessing our website, calling us, or reaching out to us through social media or any other means of communication, you agree to abide by the laws set forth in this Agreement. This includes compliance with all terms and conditions outlined herein, governing the use of our services, and any applicable laws and regulations
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26. CONTACT INFORMATION
If you have any questions or concerns about these Terms of Service, please contact us at admin@adetom tutors.com
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Thank you for choosing AdeTom Tutors for your educational needs!
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