Tutoring and Advising Terms and Conditions
OKEFORD EDUCATION LTD
Last Modified: January 2015
Site Terms and Conditions; Modifications
For the Terms and Conditions for this website, please go to http://www.alisteducation.co.uk/terms-and-conditions.
These Terms and Conditions govern your use of the alisteducation.co.uk. Your use of the Site constitutes your agreement to abide by the provisions of these Terms and Conditions. We may from time to time modify the Terms and Conditions by posting revised Terms and Conditions on the Site. Your continued use of the Site after any such modification indicates your agreement to the new terms.
Terms & Conditions for Okeford Education clients.
Your Enrolment Agreement sets forth the full terms and conditions which govern the services to be provided to you by A-List Education U.K. (“A-List”). Please contact firstname.lastname@example.org for a copy of your Enrolment Agreement. “You” and “your” means a subscriber of A-List’s services and, where the subscriber of the services is under 18 years of age, the subscriber’s parent or legal guardian (for whom the parent or legal guardian will be held strictly responsible). The Enrolment Form constitutes a binding agreement between you and A-List upon your and A-List’s execution of this Agreement.
Fees and Payments. You agree to pay the applicable rates and subscribe for the number of tutoring or consulting hours set forth on your Purchase Order(s). You may purchase additional hours upon your verbal request or by providing a completed Purchase Order. Hourly tutoring and college advising rates vary according to the assigned tutor or advisor. Telephone consultations which exceed 15 minutes, and time spent independent of the student on college application/essay review and editing, will be billed at the standard hourly rates. Hourly rates are subject to change upon notice to you, which may be provided by e-mail notification or by posting the new rates on A-List’s website. Pre-paid rates will not be subject to change once fully paid. Payment for our services must be made immediately following each tutoring or college advising session. Tutoring packages must be fully pre-paid to be eligible to receive free bonus hours. Students who enroll in our tutoring services but do not purchase a tutoring package must provide a one-time deposit equal to the applicable hourly rate. A-List will return the deposit within 14 days following the receipt of notice by you of the conclusion of the services hereunder. You agree to pay A-List for all fees and applicable taxes associated with the subscribed services in accordance with the current rates, payment terms, and policies specified herein and/or in the Purchase Order. Any outstanding charges which remain unpaid following thirty (30) days notice by A-List shall bear interest from the due date thereof to the date of payment at a rate of interest equal to one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. In addition, you will be responsible for all costs and expenses, including reasonable attorney’s fees, related to the collection of any outstanding charges due A-List.
Termination of Services by A-List; Refund and Cancellation Policy. A-List may immediately terminate the services at any time for any reason by sending notice to you at the email address you provided upon registration or such other email address as you may later provide to A-List. In the event that A-List terminates the services, you will be entitled to a pro-rated refund unless you have breached this Agreement. Such determination of breach will be made at A-List’s sole discretion. For pre-paid tutoring packages, you will receive a pro-rated refund of your payment upon termination of the services. Free tutoring bonus hours will not be reimbursed if a package is cancelled by you or A-List. Except for the Premium Package, college advising packages will not be reimbursed if the services are terminated by you. You will only be reimbursed for a pro-rated portion of your payment for the Premium Package if you cancel the services in writing to our email at email@example.com within 24 hours of your second in-person meeting with our college advisor. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Ownership of Materials. You acknowledge that all materials provided to you by A-List are protected copyright and are the sole and exclusive property of A-List. You agree that you will not tape record or otherwise reproduce, in any manner, any of the tutoring or counseling sessions that are provided hereunder nor will your disclose or allow another person to use or reproduce in any form any of the materials provided to you by A-list, or any notes based on the materials or on the tutoring that you receive. In the event that A-list determines that any of the aforementioned covenants have been breached, in addition to all other legal remedies, you understand that A-List may at its discretion immediately cease providing services without a refund.
Tutor Availability; Rescheduling. Specific tutor requests will be honored on a first-come, first-served basis. Appointments with your chosen tutor are subject to availability. A-List will whenever possible assign the preferred tutor for pre-paid packages. Any changes to scheduled appointments must be made at least 24 hours prior to the original appointment time, and no later than Friday at 5pm for Sunday and Monday appointments. You must notify A-List by phone at 020 3004 8101, or by e-mail at firstname.lastname@example.org, between the hours of 9am – 5pm GMT. You will be charged for one full hour at the applicable rate if you fail to abide by this cancellation/rescheduling policy. You will forfeit the time that you miss if you are late to your scheduled appointment, with such time to be charged at applicable rates.
Student Preparation; Make-Up Tests. If applicable, you agree to complete the assigned homework prior to the subsequent tutoring session. A-List does not guarantee that make-up tests will be arranged if the student is unable to attend pre-scheduled diagnostic tests.
Advisor Assistance. You understand that college advisors are prohibited from, and the services will not include, writing your college essay or mailing the application to your selected colleges on your behalf.
Parental Accompaniment. A-List prefers that whenever possible the parent or legal guardian of the student be present on the premises during tutoring or college advising sessions.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU UNDERSTAND THAT A-LIST’S PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY NATURE OR KIND. A-LIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE OR KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE PRODUCTS OR SERVICES PROVIDED (INCLUDING YOUR TESTING PERFORMANCE OR RESULTS AND/OR YOUR ACCEPTANCE TO ANY COLLEGE OR UNIVERSITY), OR AND ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. A-LIST MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT YOUR TEST RESULTS WILL BE SATISFACTORY OR WILL IMPROVE, THAT YOU WILL GAIN ADMISSION TO ANY COLLEGE OR UNIVERSITY, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE. NO ADVICE OR INFORMATION PROVIDED BY A-LIST, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL A-LIST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER A-LIST WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF A-LIST AND ITS EMPLOYEES AND AGENTS TO YOU SHALL BE THE AMOUNT OF THE FEES PAID BY YOU TO A-LIST.
Indemnification. To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless A-List and any of its subsidiaries, affiliates, managers, officers, employees, agents, distributors, third-party providers, and licensors (and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the services or your breach of any provision of this Agreement.
General. This Agreement and the Purchase Order(s) incorporated herein by reference, are governed by the laws of England and Wales, without regard to any applicable conflicts of law principles. This Agreement contains the entire agreement between you and A-List regarding the services. If any provision of this Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from this Agreement and will not affect the validity or enforceability of the remainder thereof.