AGREEMENT BETWEEN TUTOR CLUB USA AND STUDENTS/PARENTS FOR TUTORING SERVICES
This Terms of Service Agreement (“Agreement”) is entered into between Tutor Club USA, an assumed name of ‘Power Learning & Tutoring Academy Inc. a Texas limited liability company (the “Company”) and the Student or Parent. The contract is effective on the date the Parent purchases Tutoring Services from Company (the “Effective Date”).
STUDENT AND PARENT INFORMATION
Parent shall provide complete and accurate information on the Student and the Tutoring Services that Parent is seeking for Student. Parent shall be responsible for updating Student and Parent information as changes may occur.
- The Company shall provide Tutoring Services to the Student for the subjects that the Parent may request.
- The Tutoring Services shall be provided for Student through the assignment of a Tutor by the Company for each subject area sought by the Student.
- Tutoring Services shall be scheduled at the convenience of the Student and the Tutor.
- Tutoring Services may be purchased by the hour or by the package.
FEES AND PAYMENT
All fees payable for tutoring services shall be paid to the Company. Payment shall be made monthly in advance for the tutoring services to be performed each month. In most situations, Parent will purchase a Tutoring Services Package which is a group of lessons purchased in advance and the Tutoring Services Package will be applied toward the purchase of individual lessons for the Student.
Once the Tutoring Services Package is nearing exhaustion, Parent will be notified that it is time to purchase a new Tutoring Services Package. Parent may authorize Company to charge the Parent credit card on file for the charges for the new Tutoring Services Package that Parent wishes to purchase.
Parent hereby authorizes Company to charge Parent’s credit card on file for the payment of monthly tutoring services if Parent’s account has been set up for automatic monthly billing for Tutoring Services.
CANCELLATION OF LESSONS BY PARENT
The Parent may cancel a lesson by giving at least 24 hours prior notice to the Tutor in which case the Tutor and Parent may reschedule the affected lesson at their mutual convenience. A lesson not attended by the Student without giving 24 hours’ prior notice to the Tutor shall be charged for a half lesson as if the Student had attended half of the lesson and this shall be charged on the next month’s services or deducted from the remaining prepaid balance on the Parent’s tutoring package at the sole option of the Company. Tutor shall make best efforts to reschedule the missed lesson.
CANCELLATION OF LESSONS BY TUTOR
The Tutor may cancel lessons by giving 24 hours prior notice to the Parent in which case no fees shall be incurred. Lessons not provided by the Tutor without giving 24 hours’ prior notice to the Parent shall be rescheduled and shall be free of charge to the Parent. Any credits in this regard shall be applied to the next month’s tutoring services charges.
- 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.
- 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.
OBLIGATIONS OF THE TUTOR
- The Tutor shall prepare for each lesson prior to lesson and to structure each lesson in such a way as to optimize the available time for the maximum benefit of the Student.
- The Tutor shall keep confidential all information of the Student and Parent and may, at the request of the Parent, contact other parties involved in the education of the Student. Company shall also keep Student information private and confidential.
- The Company shall make its best efforts to avoid changing the Tutor for the Student so that the Student is able to enjoy the consistent services of the same Tutor for each subject that the Company provides.
- The Tutor shall not be required or obligated to perform homework or other school assignments on behalf of the Student, but the Tutor may assist the Student in the preparation of homework assignments.
- Attend all scheduled sessions and arrive on time or early and to provide at least 24 hours’ notice if unable to attend a lesson. While this is not always possible, the Tutor shall make best efforts to avoid any cancellation without the 24 hours’ notice.
- Use guiding questions to help students identify problem areas or areas of concern in the applicable subject.
- Use examples to demonstrate concepts and theories. Provide opportunities for practice and incorporate Academic skills assistance whenever possible. Assist with practice problems.
- Tutor may make appropriate referrals for outside assistance, if necessary and the Tutor and the Parent shall fully discuss any outside assistance that may be warranted or necessary to assist the Student.
- Confirm the next scheduled session prior to the end of the current session.
- Wait fifteen (15) minutes before marking a student as a “no-show;” email or call after the first five (5) minutes.
OBLIGATIONS OF THE PARENT AND STUDENT
- The Parent and Student undertake to assist the Tutor in identifying problem areas in which the Student needs specific tutoring.
- The Student agrees that assignments, exercises or homework form an integral part of tutoring and undertakes to complete such work in a timely manner.
- Student and Parent needs to check voicemail and emails regularly for important information from Company or Tutor regarding the tutoring services, scheduling issues and other important information.
- Attend lessons on a regular and consistent basis for the best possible results from the Tutoring Services.
- Attend all scheduled lessons, arrive on time or early, and bring all academic support materials (textbooks, notes, worksheets, pen/pencil, calculator etc.).
- Prepare for each lesson by reviewing the material Student would like to cover. To get the best results, Student should prepare an agenda or list of questions to share with the Tutor.
- For best results from the Tutoring Services, Students should participate actively and ask questions, complete practice problems and follow the advice of the Tutor.
- Student and Parent should know each Tutor’s contact information and to provide cancellation notice at least 24 hours in advance of a lesson.
- Parents shall ensure that all Tutoring Services shall be performed in a public location or at a private location where the Parent will be present and available at all times during the lesson.
- Students and Parents should understand that Tutors cannot complete or grade homework assignments, quizzes, projects, tests, etc. but can provide feedback and assistance on same.
- Students should avoid cheating or misuse of Company or Tutor provided resources of any kind.
The Company and Tutor makes no promises or warranties with regards to a Student's performance as a result of the Tutoring Services provided.
Company is committed to full Student and Parent satisfaction with the Tutoring Services provided by Company.
For Parents who pay by the hour for Tutoring Services, Company shall guarantee the first hour of lessons provided by a Tutor. If a Parent is unhappy with the Tutoring Services Provided by the Tutor, the Parent should notify Company in writing within thirty days of the date of purchase with details of why the Parent is unhappy with the Tutoring Services so that Company may take appropriate action. Company will provide Tutoring Services from a different Tutor for this first hour lesson as the satisfaction guarantee. The Student must attend at least a one hour lesson for this guarantee to be applicable.
For parents who purchase a package of Tutoring Services, Company offers a thirty days satisfaction guarantee. If a Parent is unhappy with the Tutoring Services Provided by the Tutor, the Parent should notify Company in writing within thirty days of the date of purchase with details of why the Parent is unhappy with the Tutoring Services so that Company may take appropriate action. Company may provide Tutoring Services from a different Tutor to make up for the lessons covered by the guarantee period. The time period coverage for this satisfaction guarantee is thirty days from the date of purchase of the package. The Student must attend at least a single one-hour lesson regardless of the package purchased by the Parent in order for this guarantee to be applicable.
Further information regarding the satisfaction guarantee may be found on the Company’s website. This provision shall provide the sole and complete guarantee of the Company and there shall be no other warranty or guarantee for the Tutoring Services to be provided by Company and the Tutor.
Parent agrees that during the term of this Agreement and for a period of one (1) year following the termination of this Agreement, Parent will not solicit any Company Tutor to provide Tutoring Services to the Student outside of the Services purchased from Company. Moreover, all Tutoring Services desired by Parent for the Student shall be contracted for and through Company for any Tutor provided by Company.
This Agreement may be terminated by either party at any time by giving the other party at least fourteen days written notice.
No 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.
This agreement constitutes the entire understanding between the parties with regard to the subject matter thereof and the parties waive the right to rely on any alleged expressed or implied provision not contained herein. Any alteration to this agreement must be in writing and signed by both parties.
There shall be no modification of this Agreement except in writing and signed by both Company and Parent.