Studybuddy Ltd (registered no. 9254821), whose registered office is at 5 Percy Street, suit 2, London W1T 1DG, telephone: 020 3793 9969, email: firstname.lastname@example.org, from herein will be referred to as “the Company”, provides services in private tuition (the “Service/Services”) to private individuals and companies in the UK (the “Customer/Customers”). The Company’s goal is to match every customer’s tuition needs with a dedicated and skilled tutor (the “Study Buddy”).
These terms and conditions (“Terms”) apply when the Customer enters into a contract with the Company for any of the tuition services provided by the Company. The Company may revise these Terms from time to time in accordance with changes in relevant laws and regulatory requirements. If the Company has to revise these Terms, written notice of any changes will be sent to the Customer by email and/or by post before they take effect. The new Terms will not apply to the Company until at least two months after the Customer has been notified of the changes. If the Company amend these Terms or the price of the services and neither are acceptable to the Customer, the Customer is entitled to terminate the Agreement at any time, with effect from the current amended version of the Terms applied. The Customer can always obtain the latest version of these Terms by contacting the Company via email or telephone, using the contact information above.
2. REGISTRATION AND CONTRACT CONFIRMATION
The agreement between the Customer and the Company is initiated when the Customer first makes an inquiry to the Company via the registration form on the Company’s website. The registration form requires the Customer to submit contact details such as an email address and/or telephone number which will be referred to as “Interest“. As soon as possible after Interest is expressed and received by the Company from the Customer, the Company contacts the Customer to discuss and establish the Customer’s tuition needs and wants. The Company then begins the process of finding a Study Buddy who will be best suited to the Customer.
The Company offers no guarantee regarding the time within which the Company will find a suitable Study Buddy. This is due to the fact that, when matching, it is crucial that the best possible quality of service is provided to the Customer and the match is, to the fullest extent possible, correct from the start.
When the Company finds a suitable Study Buddy, the Company presents the Customer with information regarding the Study Buddy’s skills and qualifications, the arrangement of the tuition service, the current prices and conditions. If the Customer expresses to the Company that the Customer accepts the recommended Study Buddy and arrangement of services, the Company sends written confirmation of this to the Customer (“Contract Confirmation“). Therefore, it is then considered that the parties have entered into a binding agreement (the “Agreement“).
When the Customer enters into the Agreement referred to above, the Customer has then accepted and agreed to comply with these Terms. The Customer also confirms having received the information about the processing of personal data in accordance with the law.
Before the first tuition session, the Study Buddy contacts the Customer directly by phone to introduce themselves and to establish the exact time, date and place for tuition.
3. TUITION PLANS
The Company’s tuition services are arranged in three different ways which are referred to as tuition plans. The plans are created and recommended to the Customer based on the Customer’s tuition needs and wants, which are then discussed and agreed upon between the Customer and the Company.
Open subscription plan
The Open subscription plan is a continuous monthly contract which includes a set number of sessions per week with a minimum length for each session, either 90 minutes or 120 minutes. The Customer may reschedule Bookings by giving at least 24 hours prior notice to the Study Buddy. Full rescheduling terms for tuition sessions are stated under the paragraph, ‘Rescheduling of Tuition Sessions’.
The Customer may end the Open subscription plan by giving at least four weeks’ notice to the Company’s Head office. Notice can be given either by telephone or email and the notice may not be given before the first four weeks of tuition. Hence, the minimal length of this plan is always eight weeks.
Autumn and Spring plan
The Autumn and Spring plans are fixed period contracts which include a set number of sessions per week with a minimum length for each session, either 90 minutes or 120 minutes. The Customer may reschedule a Booking by giving at least 24 hours prior notice to the Study Buddy. This plan may not be cancelled before the end date. Full rescheduling terms for tuition sessions are stated under the paragraph, ‘Rescheduling of Tuition Sessions’.
The Autumn and Spring plan contracts will end on the date agreed upon between the Customer and the Company. The contract end date will be no sooner than three months after the start date for tuition. The Customer is not permitted to terminate the contract before the end date.
The Buddy Voucher includes a set number of hours. Each tuition session must be a minimum of 90 minutes. However, the Customer is welcome to extend the session length. The number of sessions is not set. However, if the Customer has arranged a Booking with the Study Buddy and wishes to reschedule, the Customer must give at least 24 hours’ notice to the Study Buddy.
The Buddy Voucher contract will last for a fixed period of three months from the start date. The set hours will be valid until the end date stated in the Customer’s Agreement with the Company. Unused hours will not be refunded to the Customer.
4. SATISFACTION GUARANTEE
If the Customer is not satisfied with the Study Buddy provided after the first session, the Company will offer to provide an alternative Study Buddy or the Customer may choose to terminate the Agreement. In either case, the Company will not charge the Customer for this first session, provided that the Customer notifies the Company by telephone or email that they are not satisfied, clearly stating the reasons why. The Customer must notify the Company within a week of the first session and before a second session.
When the Customer is satisfied with a Study Buddy, the Company commits to providing the Study Buddy for as long as the Customer wishes. However, the Company offers no warranties in this respect.
5. PRICE AND PAYMENT
The Company’s tuition services will involve a set number of tuition sessions with a Study Buddy which is outlined in the contract confirmation (Agreement). A time and date for each tuition session is arranged in advance by the Customer with the Study Buddy (a “Booking”). A Booking can be confirmed verbally or by other means such as by email or telephone. A Booking is binding and can only be changed in accordance with the Terms.
The Company reserves the right, if necessary, to arrange a Booking. In this case, the Booking will be communicated to the Customer before the arranged start time of the Booking.
The price for the Customer’s tuition service will be stated in and determined by the Company’s price list in force at the time of Contract Confirmation. The price for the tuition service is confirmed and agreed with the Customer prior to the Customer’s first session with a Study Buddy. This is in accordance with the Contract Confirmation and entering the Agreement. The Company reserves the right to change the prices for tuition services at any time. However, price changes will not affect tuition services that the Company has already confirmed.
All prices include VAT. However, if the rate of VAT changes between the date of the Contract Confirmation and date of the first session, the Company will adjust the rate of VAT that the Customer pays, unless the Customer has already paid for the tuition service in full before the change in the rate of VAT takes effect.
The Customer is required to pay the price of the tuition service which is stated in the Contract Confirmation to the Company.
All tuition plans will be invoiced monthly, in advance, until the tuition plan ends. Payment for the tuition plan must be received by the Company by the payment date stated on the invoice.
The Customer will be charged according to the number of Bookings included in the Customer’s tuition plan. Any time used or Bookings made by the Customer throughout the month, in addition to those included in the Customer’s tuition plan, will be invoiced in arrears.
Pre-paid ‘Buddy vouchers’ are invoiced and paid upon purchase. Any time used which exceeds the hours credited by the voucher will be invoiced in arrears.
Late payment fee and interest
The Company reserves the right to charge a late payment fee and charge interest if the Customer does not make a payment on or before the payment date stated. The Company may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest will accrue on a daily basis from the stated payment date until the actual payment of the overdue amount. The Customer then must pay the Company interest together with the overdue amount. However, if the Customer disputes an invoice in good faith and contacts the Company to let them know promptly after receiving an invoice, the payment date will not apply for the period of the dispute.
6. RESCHEDULING TUITION SESSIONS AND SCHOOL HOLIDAYS
A Booking of a tuition session can be rescheduled by the Customer free of charge if at least 24 hours prior notice is provided to the Study Buddy. Rescheduling is usually done directly between the Customer and the Study Buddy but can also be done through the Company’s customer service.
A rescheduled Booking of a tuition session cannot take the place of a regular Booking of a tuition session.
In the event that the Company cannot supply the agreed Booking, for example the Study Buddy is sick, the Study Buddy should first reschedule the Booking according to the Terms upon return to work. If the Study Buddy is unable to work for a sustained period of time, for example longer than two weeks, the Company will offer to provide a replacement tutor. If a replacement tutor cannot be provided, the cost of the Booking will be credited to the Customer.
The tuition services which are provided by subscription, for example an Open subscription plan or Autumn/Spring plan, should run continuously on a weekly basis. If the Customer cannot be present at the agreed Bookings for tuition sessions, and rescheduling is not possible, the session will be recorded as missed and will not be available to reschedule. Sessions that are included in a plan will be charged if missed.
Tuition plans are paused throughout summer and winter holidays. Tuition subscriptions runs up to and include the last week before these holidays. The tuition recommences the first week of the autumn / spring term respectively. The Customer will not be invoiced for these periods, unless tuition continues.
Tuition on open subscriptions and fixed Autumn/ Spring plans continue as normal over all other school holidays including half-terms and Easter holiday.
For pre-paid ‘Buddy vouchers’, the Customer can make a Booking for a tuition session with the Study Buddy at any time that suits both Customer and Study Buddy. Bookings can be made even during school holidays, provided that the Study Buddy is available.
If the Customer wishes to make a complaint about the tuition services provided by the Company, the Customer should first send notification of complaint to the Company’s email address: email@example.com. Complaints can also be sent by post to Studybuddy Ltd, 83 Victoria Street, London, SW1H 0HW.
7. TERMINATION & CANCELLATION OF TUITION SERVICES
Cancellation of open tuition subscription plans require a minimum of four weeks’ notice and notice may only be given after the first four weeks of tuition. Cancellation of tuition services and the termination of the contract Agreement can be made by contacting the Company by phone: 020 3793 9969 or by email: firstname.lastname@example.org.
Plans with a set end date may not be cancelled throughout the period which it runs.
‘Buddy voucher’ tuition hours can be used by the Customer as required within a 3 month period from the start date agreed between the Customer and the Company. The ‘Buddy Voucher’ must be used within the three months. Unused hours left on the voucher are not refundable.
The Company has the right to terminate the Agreement with immediate effect in the event that the Customer is in breach of its obligations under this Agreement. This breach includes if the Customer does not pay the Company for the tuition service by the payment date stated.
The Customer may cancel and withdraw from the Agreement of a tuition service before the first tuition session by contacting the Company’s customer service team. If the Customer cancels tuition and has made payment in advance for the service, the Company will refund the payment.
The Customer has no right to withdraw and cancel the Agreement of a tuition service if the Customer starts to receive tuition sessions during the withdrawal period.
8. CUSTOMER RECORDS & PROCESSING PERSONAL DATA
Personal information provided to the Company by the Customer for example the Customer’s full name, email address, correspondence address, telephone number as well as the name and age of the student is recorded and processed by the Company in the Company’s customer database and IT system. This is recorded in accordance with the Data Protection Act 1998 and will not be transferred to third parties. The Company deals with the Customer’s personal data in order to fulfil its obligations under the Agreement with the Customer, such as to match the best possible Study Buddy to the student, to send invoices and relevant information, and to perform other duties as prescribed by law or other regulations. The Customer’s personal data may also be used by the Company for marketing purposes, statistics, training of Study Buddies and to inform existing and previous Customers about current and future tuition services.
Customers who do not wish for their personal data to be used for marketing purposes, please notify the Company at any time by email: email@example.com
The Customer can at any time request the correction and deletion of any personal information about themselves that is inaccurate, incomplete or misleading. Requests for correction of records or deletion of records should be sent by letter to Studybuddy Ltd, 83 Victoria Street, London, SW1H 0HW.
The Company is solely responsible for loss or damage due to company negligence or by a third party for which the Company is responsible. However, the Company has no obligation to reimburse the Customer for any loss or damage that is not foreseeable or if the Customer suffers as a result of the services not meeting the Customer’s expectations or the Customer’s use of the Services. The Company will not replace indirect damage, unless such liability is imposed by law.
10. EVENTS OUTSIDE THE COMPANY’S CONTROL
The Company will not be liable or responsible for any failure to perform, or delay in performance of the Company’s obligations under these Terms that is caused by an Event Outside the Company’s Control. An Event Outside the Company’s Control means any act or event beyond the Company’s reasonable control. If such event takes place, the Company will contact the Customer as soon as reasonably possible to notify. The Company’s obligations under these Terms will be suspended and the time for performance of the Company’s obligations will be extended for the duration of the Event Outside the Company’s control. The Customer may terminate the contract if an Event Outside the Company’s Control takes place and the Customer no longer wishes for the Company to provide tuition. Events outside either party’s control which prevents the tuition service being provided entitle each party to completely terminate the contract without any right to compensation for the other party.
The Company can fully or partially assign its rights and obligations under this Agreement to a third party. The Customer is only entitled to assign its rights and obligations to a third party under this Agreement with the written consent of the Company.
All intellectual property rights and technical solutions relating to the tuition services and the Company’s website studybuddy.co.uk belongs to the Company or any third parties with which the company works. The Company and its partners retain all rights to all information provided to the Customer in connection with the Agreement and the Customer’s use of the tuition services, as well as all other published material, trademarks, logos, pictures, videos, databases and the like. All the material described in this paragraph may not be used by the Customer without the written consent of the Company.
The Agreement between the Customer and the Company is in full accordance with English law. Disputes regarding the interpretation and application of this Agreement and any related legal matters shall be settled by English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident in Scotland, you may also bring proceedings in Scotland.
As a consumer, the Customer has legal rights in relation to the tuition services provided and not carried out with reasonable skill and care. Advice about legal rights is available from the Citizen’s Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.