TERMS AND CONDITIONS
- RESPONSIBILITES OF LEARN HAPPY LONDON
Learn Happy London Shall:
- Be responsible for obtaining information from clients and/or students of their tutoring requirements.
- Have sole discretion whether or not to accept an application made by an individual for registration as a client and or student.
- On agreeing to accept an application by an individual for registration as a client and or student Learn Happy London will confirm in writing and send the client a client pack.
- RESPONSIBILTY OF THE TUTOR
The Tutor shall:
2.1. be responsible for fulfilling to the best of his / her skill, experience, and ability assignments that the Tutor has accepted.
2.3. be responsible for monitoring and reviewing the Student’s tutoring requirements for the duration of the Tuition Assignment.
2.4. keep abreast of any developments in relevant curriculums, syllabus requirements of examination boards or qualifications in the subject(s) that is/are to be taught (or proposed to be taught) by the Tutor.
2.6. agree with the Client a suitable location at which Tuition Sessions are to take place.
2.7. where Tuition Sessions are to take place at a location of the Tutor’s choice (e.g. the Tutor’s home or office), the Tutor shall ensure that the room in which the proposed Tuition Sessions shall take place is suitably quiet and conducive to the provision of tuition, and the Tutor shall ensure that reasonable amenities (e.g. a toilet; drinking water) are made available to the Client (and, if different, the Student).
2.8. provide his / her own resources, and should have copies of the relevant (up-to-date) syllabus and past examination papers relating to the subject(s) that is/are to be taught (or proposed to be taught) by the Tutor.
- RESPONSIBILITY OF THE CLIENT
The Client Shall:
3.1 Provide Learn Happy London a signed Client agreement and other information and documents that may be required by Learn Happy London in connection with the client’s application for registration as a perspective purchaser of tuition through Learn Happy London.
3.2 Be responsible for providing Learn Happy London all information regarding the student’s academic records, all relevant study materials and details of the student’s academic targets that may be relevant to the provision of tuition.
3.3 Be responsible and must ensure at all times that information he / she has provided to Learn Happy London regarding him or herself and or the student is accurate and up to date including and not limited to name, address and telephone number.
3.4 Be responsible for payment of all tuition fees and other fees, charges and expenses, such as travel and books, payable in connection with the provision of tuition.
3.5 Agree with the tutor a suitable location at which tuition sessions will take place.
3.6 Where a tuition session is to take place at a location of the client’s choice (eg: the client’s home) the client shall ensure that the room in which it is proposed that the tuition sessions take place is quiet and conducive to the provision of tuition and that reasonable amenities (e.g: a toilet, drinking water) are made available to the tutor.
- If the student is below 18 years of age, he or she is considered ‘a child’ and therefore the client must be responsible at all times for the student’s supervision and safety.
- Comply promptly with any request made by Learn Happy London and the tutor for feedback relating to the provision of tuition provided to the client.
- FEES, TUITION RATES, EXPENSES
4.1 Learn Happy London shall provide an initial telephone conversation and / or an initial meeting free of charge in order to determine the tuition requirements of the client.
4.2 The level of tuition rates are set by Learn Happy London according to the subject and level of tuition. Tuition session fees are set on an hourly basis.
4.5 Tuition that is carried out on a one-to-two basis (i.e. one tutor and two students) will be charged as a multiple of 1.3 on an hourly basis. For example, if tuition is normally charged at £40/hour for one-to-one tuition, then for one-to-two tuition it would be £53/hour.
4.6 In the event that any expenses, such as travel and books, likely to be incurred by the Tutor, the client shall pay the amount agreed in respect of the expenses and the agreed amount shall be included as a separate item in the invoice rendered by Learn Happy London in connection with the respective Tuition Assignment or the client may pay the tutor in person for any expenses on presentation of the relevant receipts by the tutor.
5. INTRODUCTORY TUITION SESSIONS
5.1. An ‘Introductory Tuition Session’ is the first Tuition Session taken by a Student at any level in any subject. This introductory session is an opportunity to decide whether the tutoring relationship is likely to be effective in meeting the Student’s requirements.
5.2. An Introductory Tuition Session shall be of one hour duration, unless otherwise agreed between Learn Happy London, the tutor and the Client.
5.3. If after an Introductory Tuition Session the Client notifies Learn Happy London and the tutor of the intention to take on further Tuition Sessions in the same subject and level with the Tutor then the Tutor shall be expected to make himself / herself available to provide further tuition sessions and shall, if required by the Client, ensure that a regular time slot acceptable to the Client is kept available to accommodate that Client’s requirements
- TUITION SESSIONS
6.1. A Tuition Session shall, unless otherwise agreed between Learn Happy London, the Tutor and the Client, be a minimum of one hour excluding any time used by the Tutor in travelling and waiting in connection with the provision of the Tuition Assignment.
6.2. Any waiting time in connection with the provision of tuition will be charged for accordingly.
- DISCLOSURE AND BARRING SERVICE (‘DBS’)
7.1. The Client should note that all Tutors have an on going obligation to provide to Learn Happy London a current enhanced DBS Disclosure relating to the respective Tutor and this is a pre-condition to Tutors undertaking any Assignment.
- CANCELLATION OR RESCHEDULING OF TUITION SESSIONS
8.1. The provisions in this clause do not apply where the Client or the Tutor wish to terminate tuition and reference should for such circumstances be made to clauses 11 of these Terms and Conditions.
8.2. In the event that the Client, Consultant, or the Tutor wishes to cancel or reschedule a Consultancy or Tuition Session, e.g. due to (but not limited to) illness or holiday, the party wishing to cancel or reschedule the Session must notify the other party and Learn Happy London of this and the reason for wanting to cancel or reschedule and shall give at least 24 hours’ notice.
8.3. In the event that the client does not provide a reasonable reason for the purpose of the late cancellation, the client will be charged at the discretion of the company as follows:
- 100% of the total fees applicable to the booked session for any cancellation made less than 24 hours before the session was booked to commence.
- The Consultant or Tutor will be compensated accordingly.
8.5 In the event that the client has made other arrangements during school holidays, including and not limited to holidays abroad, clients should notify the tutor as soon as possible in order to allow him or her to make alternative arrangements.
8.6. The Client shall be expected to strictly observe the rescheduling and cancellation provisions contained in these Terms and Conditions, as failure to do so may result in Learn Happy London losing Tutors, future commissions and/or incurring substantial administrative costs in connection with last minute cancellations and rescheduling of Tuition Sessions.
8.7. Once the Client has confirmed that they would like to proceed with any Tuition or Consultancy services, they will be invoiced to confirm the booking. The normal cancellation policies apply, and once the services have commenced then fees cannot be reimbursed.
9. INVOICING AND PAYMENTS
9.1. Learn Happy London shall invoice the Client for the amount agreed to be paid by the Client for the work completed by the Tutor and any agreed expenses, such as travel and books, incurred in connection with the provision of the Tuition Assignment.
9.2. Learn Happy London shall be responsible for collecting tuition fees and expenses from the Client,
9.3. The Client shall make payment to Learn Happy London for invoices within 7 days of the date of the invoice. After a fourteen day period a payment shall be considered late.
9.4. In the event of a late payment (or non-payment) by the Client, a penalty fee shall be payable immediately and Learn Happy London shall also be entitled to charge interest on the whole of the amount due from the date of the outstanding invoice at the rate of 5.00% per annum calculated on a daily basis until full payment has been received by Learn Happy London.
9.5. Learn Happy London is responsible for recovering payments from the Client.
10. TERMINATION OF AN ASSIGNMENT BY THE TUTOR
10.1. Once the Tutor accepts an Assignment both the tutor and the client shall only be permitted to terminate the agreement for provision of tuition by providing two weeks’ prior written notice to Learn Happy London and must at the same time inform Learn Happy London of the reason for requiring termination.
10.2. Learn Happy London reserve the right to waive at its sole discretion the requirement for two weeks’ prior written notice in the preceding clause, in particular (but not limited to) where the Client and the Tutor agree that the Tutor should for whatever reason no longer provide Tuition to the Student.
10.3. Learn Happy London recommends Clients commit to a Tuition Assignment for a minimum of 4 weeks (i.e. a minimum of 4 Tuition Sessions) to ensure that a rapport can develop between a student and tutor.
11. DISPUTES BETWEEN A TUTOR AND A CLIENT
11.1. Should a dispute arise between a Tutor and a Client, Learn Happy London will endeavour to achieve a satisfactory solution of the issue(s) in dispute, but cannot be held responsible for any such issue(s) or for a failure to achieve a solution.
11.2. In the event of a Client or a Tutor informing Learn Happy London that the reason he wishes to terminate a Tuition Assignment is because in his opinion the relationship between the Client (and/or Student, if different) and the Tutor is not, for any reason, conducive to the learning requirements of the Student, then Learn Happy London shall use its best endeavours to find a solution to the issue(s) in dispute, which may include offering to find and allocate a different Tutor to the Client, subject to availability, but Learn Happy London shall not be held liable for failing to find or allocate another Tutor.
12.TUTOR’S EMPLOYMENT STATUS
12.1. The Client should note that Tutors are self-employed as far as the provision of any tuition services to any Client is concerned.
13 DATA PROTECTION
13.2. By entering into an agreement with Learn Happy London, the Client (and the Student, if different) consents to Learn Happy London holding and using any personal information that it receives from the Client and the Student in accordance with the Data Protection Act 1998 for the purpose of its business and the services that it offers.
13.3. Learn Happy London is compliant with GDPR regulations and has a Data Protection policy in place.
14. LIMITATION OF LIABILITY OF LEARN HAPPY LONDON
Learn Happy London shall not be responsible or held liable:
14.1. for any loss, damage, anxiety or inconvenience that may have been, is likely to be caused, or has been caused, to the Client or to the Student as a result of any act of or omission by a Tutor.
14.2. for any examination grade received by a Client or any consequence that examination grade entails; or any university or school entrance application or interview.
14.3. for any act, omission or error of the Tutor.
14.4. for any dispute that arise between the Tutor and a Client but shall, if possible, use their best endeavours to facilitate a resolution of the dispute.
14.5. for any inappropriate or illegal behaviour of a Tutor, Client or Student.
14.6. for prescribing any teaching method and/or content of tutoring lessons or material.
14.7. for any failure by a Tutor to meet the Client’s requirements.
15. INTELLECTUAL PROPERTY
15.1. The names and brand of ‘Learn Happy London’ and any (and all) intellectual property associated with the business of Learn Happy London shall not be used (or reused) by the Client or Student without the prior written consent of Learn Happy London.
15.2. All copyright, trademarks, and other intellectual property rights in and relating to Learn Happy London and its business, including any material that is provided by Learn Happy London to Tutors, Clients and/or Students, are the property of Learn Happy London, and it is prohibited to copy, distribute, show in public or create any derivative work from any such material, without the prior written consent of Learn Happy London.
16.1. The Client (and, if different, the Student) agree to not pass on to any third party or himself use for any purpose any information obtained in relation to Learn Happy London, any Tutor, or any other Client or Student, other than as may be required in connection with the taking or completion of the tuition services in accordance with these Terms and Conditions.
17. GOVERNING LAW AND JURISDICTION
17.1. These Terms and Conditions and any agreement made by Learn Happy London and the Client pursuant to the same shall be governed by the laws of England and Wales and Learn happy London and the Client agree to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.