Terms of Business – Home Tutoring
These terms and conditions apply for use where a service is being provided to consumers. Separate terms and conditions apply where the client is a business.
Please read these Terms of Business carefully, as they set out our and your legal rights and obligations in relation to our services.
1. Definitions and interpretation
1.1 In these Terms of Business:
“Charges” means the charges specified in the Statement of Services / the Hourly Rate multiplied by the number of person-hours spent by the Provider performing the Services payable by the Client to the Provider, which may be varied in accordance with Clause 5;
“Client” means the client for Services under the Engagement, as identified in the Statement of Services;
“Effective Date” means, in relation to an Engagement, the date of execution of the Statement of Services relating to that Engagement;
“Engagement” means a contract between the Provider and the Client for the supply of the Services incorporating these Terms of Business and a Statement of Services, and any amendments to that contract from time to time;
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
“Hourly Rate” means the Provider's hourly labour rate as specified in the Statement of Services / published on the Provider's website on the Effective Date, as it may be varied in accordance with Clause 5;
“Premises” means the premises at which the Services are provided;
"Provider" means Dr Rebecca M. Ellis trading as Aspire Higher Tuition, which has its principal place of business at Foxhall Cottage, Dukes Lane, Caston, Norfolk, NR17 1BL, UK;
“Services” means the tutoring services supplied or to be supplied by the Provider to the Client under an Engagement, details of which are set out in the Statement of Services (or, to the extent that no such details are set out in the Statement of Services, details of which will be agreed between the parties acting reasonably from time to time);
“Statement of Services” means the statement of services document issued by the Provider to the Client detailing the scope of the Services and other matters relating to an Engagement;
“Term” means the term of an Engagement; and
1.2 In these Terms of Business, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
1.3 In these Terms of Business, “persons” include companies, partnerships, limited liability partnerships, unincorporated associations and trusts.
1.4 The ejusdem generis rule is not intended to be used in the interpretation of these Terms of Business.
2. Engagements
Each Engagement will come into force on its Effective Date and will continue in force until the Services agreed in the Statement of Services have been completed, upon which it will terminate automatically unless previously terminated in accordance with Clause 12.
3. Services
3.1 The Provider will supply the Services to the Client in accordance with the Statement of Services.
3.2 The Provider may suspend the provision of the Services if the Client fails to pay by the due date any amount due to the Provider in respect of the Engagement.
3.3 The Provider will not sub-contract the provision of the Services.
3.4 From time to time during the Term the Provider may be unable to supply the Services by reason of personnel illness or shortage, in which case:
(a) the Provider will use reasonable endeavours to engage alternative personnel to supply the Services; and
(b) subject to the compliance of the Provider with Clause 3.4(a), the Provider will not be in breach of the terms of the Engagement by virtue of any failure to supply the Services arising out of such inability.
3.5 Services will not be provided on Christmas Day, Boxing Day or New Year's Day / any day which is a bank holiday in England.
3.6 The Provider will maintain reasonable public liability insurance relating to the Services during the Term.
4. Premises
The Client will ensure that the Premises are in good order for the supply of the Services.
5. Charges
5.1 The Client will pay the Charges to the Provider in accordance with the provisions of Clause 6.
5.2 All amounts stated in the Statement of Services or in relation to an Engagement are stated inclusive of all value-added taxes.
5.3 The Provider may elect to vary the Hourly Rate by giving to the Client not less than 30 days' written notice of the variation, providing that any such variation must not result in a percentage increase in the Hourly Rate during the Term in excess of the percentage increase during the same period in the Retail Prices Index (all items) published by the UK Office for National Statistics.
6. Payment
6.1 The Client will pay the Charges to the Provider at the end of each Services session, and the Provider will issue a receipt for the Charges to the Client following payment on request.
OR
The Provider may issue an invoice for the Charges to the Client from time to time during the Term. The Client will pay the Charges to the Provider within 14 days of the date of issue of an invoice issued in accordance with this Clause 6.1.
6.2 Charges must be paid by debit or credit card, direct debit, bank transfer, in cash or by cheque (using such payment details as are notified by the Provider to the Client from time to time).
6.3 If the Client does not pay any amount properly due to the Provider in connection with any Engagement, the Provider may charge the Client interest on the overdue amount at the rate of 8% per year above the base rate of HSBC Bank Plc from time to time (which interest will accrue daily until the date of actual payment and be compounded quarterly).
7. Session cancellation and refunds
7.1 Where the Client cancels an arranged Services session by giving written notice to the Provider at least four days' before the session, either:
(a) the parties will re-arrange the session; or
(a) if the parties are unable to re-arrange the session, the Client will have no obligation to pay the Charges in respect of that session and the Provider will refund the Charges previously paid in respect of that session.
7.2 Where the Provider is unable to provide the Services at an arranged session by reason of the circumstances described in Clause 3.4, the Client will have no obligation to pay the Charges in respect of that session and the Provider will refund the Charges previously paid in respect of that session.
7.3 Save as provided in Clause 7.1 and 7.2, the Client will not be released from liability to pay any Charges, and will not receive any refund of Charges paid, upon the cancellation of an arranged Services session.
8. Warranties
8.1 The Client warrants to the Provider that he or she has the legal right and authority to enter into and perform his or her obligations required by each Engagement.
8.2 The Provider warrants to the Client that:
(a) it has the legal right and authority to enter into and perform its obligations required by each Engagement;
(b) the Services will be performed with reasonable care and skill; and
(c) the Provider is suitably qualified to provide the Services, and the Provider has the qualifications and certifications specified in the Statement of Services.
8.3 All of the parties' warranties and representations in respect of the subject matter of the Engagement are expressly set out in these Terms of Business and the Statement of Services. To the maximum extent permitted by applicable law and subject to Clause 9.1, no other warranties or representations concerning the subject matter of the Engagement will be implied into these Terms of Business, the Statement of Services, the Engagement or any other contract.
9. Limitations and exclusions of liability
9.1 Nothing in the Engagement will:
(a) limit or exclude the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
(c) limit any liability of a party in any way that is not permitted under applicable law; or
(d) exclude any liability of a party that may not be excluded under applicable law,
and any statutory rights that you have as a consumer, that cannot be excluded, will not be affected by the Engagement.
9.2 The limitations and exclusions of liability set out in this Clause 9 and elsewhere in the Engagement:
(a) are subject to Clause 9.1; and
(b) govern all liabilities arising under the Engagement or in relation to the subject matter of the Engagement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
9.3 The Provider will not be liable to the Client for any losses arising out of a Force Majeure Event.
9.4 The Provider will not be liable to the Client in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10. Distance contracts and consumer rights
10.1 This Clause 10 sets out the rights that consumers may have, in relation to an Engagement, under The Consumer Protection (Distance Selling) Regulations 2000.
10.2 This Clause 10 applies if and only if the Client agrees to an Engagement using any means of distance communication (including telephone, email and the internet).
10.3 Where this Clause 10 applies, the Client may cancel an Engagement at any time within 7 working days, beginning on the day after the contract for that Engagement came into force, providing that the Provider has not begun the provision of the Services with the agreement of the Client during that period.
10.4 If the Client cancels an Engagement in accordance with this provision, the Client will receive a full refund of the Charges paid in respect of the Engagement (if any).
10.5 The Provider will usually refund any money received from the Client using the same method used by the Client to pay the Charges. The Provider will process the refund due to the Client as soon as possible and, in any case, within 30 days of the day the Provider received the Client's valid notice of cancellation.
11. Force Majeure Events
Where a Force Majeure Event gives rise to a failure or delay in either party performing its obligations required by any Engagement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event.
12. Termination
12.1 Either party may terminate an Engagement at any time by immediate written notice to the other party.
12.2 Either party may terminate an Engagement immediately by giving written notice to the other party if the other party:
(a) commits any material breach of any provision of the terms of the Engagement; or
(b) persistently breaches the terms of the Engagement.
12.3 The Client may terminate an Engagement immediately by giving written notice to the Provider if as a result of illness or incapacity the Provider becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order.
12.4 The Provider may terminate an Engagement immediately by giving written notice to the Client if as a result of illness or incapacity the Client becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order.
12.5 An Engagement will terminate automatically if the Client or the Provider dies.
12.6 The Provider may terminate an Engagement immediately at any time by giving written notice to the Client if the Client fails to pay in full and on time any amount due to the Provider whether due in respect of that Engagement or otherwise.
13. Effects of termination
13.1 Upon termination of an Engagement all the provisions of these Terms of Business and the Statement of Services will cease to have effect, save that the following provisions of these Terms of Business will survive and continue to have effect (in accordance with their terms or otherwise indefinitely): Clauses 1, 6.3, 9, 13 and 14.
13.2 Termination of an Engagement will not affect either party's accrued liabilities and rights (including accrued rights to be paid) as at the date of termination.
14. General
14.1 No breach of any term of any Engagement will be waived except with the express written consent of the party not in breach.
14.2 If a term of any Engagement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other terms of the Engagement will continue in effect. If any unlawful and/or unenforceable term would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the term will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant term will be deemed to be deleted).
14.3 No Engagement will constitute a partnership, agency relationship or contract of employment between the parties.
14.4 The terms of the Engagement may not be varied except by a written document signed by or on behalf of each of the parties.
14.5 The Client must not without the prior written consent of the Provider assign, transfer, charge, license or otherwise dispose of or deal in any rights or obligations under any Engagement. The Provider may assign its rights and obligations under the Engagement to any successor to all or a substantial part of the business of the Provider from time to time – providing such action does not serve to reduce the guarantees benefiting the Client under the Engagement.
14.6 Each Engagement is entered into for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement relating to any Engagement are not subject to the consent of any third party.
14.7 Subject to Clause 9.1, these Terms of Business and the relevant Statement of Services will constitute the entire agreement between the parties in relation to an Engagement, and supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
14.8 Each Engagement will be governed by and construed in accordance with the laws of England and Wales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with an Engagement.