Definitions

• “Assignment” means the course of Hourly Tuition required by the Client as set out and agreed in the Confirmation Correspondence;
• “Assignment End Date” means the date on which the Assignment will end as agreed (if at all) in the Confirmation Correspondence;
• “Assignment Start Date” means the date on which the Assignment will begin as discussed and/or set out in the Confirmation Correspondence;
• “Client” means the parent or legal guardian of the person for whom the tuition is arranged (also referred to in these Terms and Conditions as “you”);
• “Company” means The Learn Easy Now, a company registered in NJ, USA (also referred to in these Terms and Conditions as “we”, “us” and “our”);
• “Confirmation Correspondence” means the Conversation, the Summary and/or any subsequent correspondence between us which sets out, confirms or clarifies the details of an Assignment.
• “Conversation” means the initial conversation between us referenced at Obligations of the client;
• “Fee” means the fee payable to The Company for the Tutoring Services as set out in Fees and payment;
• “Hourly Tuition” means Tuition sessions taught on an hourly basis.
• “Standard Hourly Fee” means the hourly charge for the Tutor’s services.
• “Summary” means the summary of the Conversation referred to in Obligations of the client;
• “Tuition” means Hourly Tuition as agreed as appropriate or Admissions Advisory (when relevant)
• “Tutor” means the person who is registered with The Company to provide educational tutoring services and who accepts an Assignment with you;
• “Tutoring Location” has the definition discussed/set out in the Confirmation Correspondence.

 

General

• These Terms and Conditions as outlined here (and any document referred to in them including the Confirmation Correspondence) contain the entire agreement (“Agreement”) between us and you and supersede any prior agreement between us relating to their subject matter.
• These Terms and Conditions apply (and shall be deemed to be accepted by you) as from the date on which The Company first notifies you that these Terms and Conditions will apply or the date on which The Company introduces the services of a Tutor to you or the date on which you confirm or send any subsequent Confirmation Correspondence with/to The Company, and shall apply thereafter in relation to each subsequent introduction of a Tutor to you by us and/or any subsequent Confirmation Correspondence we may have in relation to the first Assignments and/or any subsequent Assignment or subsequent potential Assignment.
• Unless otherwise agreed in writing by The Company, these Terms and Conditions shall prevail over any other terms of business or conditions put forward by you. To the extent that there is any conflict or inconsistency between any Confirmation Correspondence and the terms contained herein the terms contained in the Confirmation Correspondence shall take precedence for the relevant Assignment.
• The Tutor is engaged by The Company as a self-employed Tutor and nothing contained within this Agreement shall constitute the relationship of employer and employee and/or worker or a partnership between The Company and the Tutor, or between you and the Tutor. If the Tutor is employed by The Company then nothing contained within this Agreement shall constitute the relationship of employer and employee and/or worker or a partnership between you and the Tutor.
• To the extent that the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the “Regulations”) apply to these arrangements The Company shall operate as an “employment business” as defined within the Regulations. Notwithstanding the foregoing, some Tutors work on an independent self-employed basis. It is therefore, not necessarily accepted that the Regulations apply to the supply of Tutoring services under this Agreement.

 

Obligations for the company

1. We will use reasonable arrangements to introduce to you a suitable Tutor to carry out Tutoring as explained by you in the Conversation in advance of the Assignment commencing in accordance with Obligations of the client. You accept that no warranty as to the suitability of the Tutor can be given by us.
2. We will ensure that prior to introducing you to a Tutor, we have received from the Tutor:

• Proof to his/her identity
• Confirmation that he/she has the training, experience, qualifications and/or any authorizations which you have indicated to us are necessary for the relevant Role and/or which are required by law or a relevant professional body; and
• Confirmation that the Tutor is willing to enter into the relevant Assignment.

 

Obligations of the client

• You shall explain in our initial Conversation your exact requirements by providing full details of the subject areas and academic courses for which you require the services of a Tutor. You shall also notify us if you require a Tutor with any special skills (for example, knowledge of specific texts or academic syllabi).
• You are responsible for providing a suitable setting in which online tuition and/or face to face tuition can take place.
• For each Assignment The Company will:
• Ask you to confirm in an email certain information during the Conversation as outlined in clause
• We are then entitled to send details of the prospective Assignment to prospective tutors;
• We will then identify a prospective tutor who we believe should match the requirements;
• You will then need to confirm via email whether you would like to commence Tuition with the Tutor that we have identified for you;
• Once we have received the confirmation set out at Obligations of the client we will assign the Tutor to provide the Tuition during the relevant Hours; and from the relevant Assignment Start Date until the earlier of the Assignment End Date (if any) and/or the date on which the Assignment is terminated in accordance with these Terms and Conditions and/or the relevant notice period (if any) discussed/set out in the Confirmation Correspondence.
• You are obliged to pay us a Fee as and when such Fee falls due in accordance with clause Fees and Payments of these Terms and Conditions.

 

Fees and payments

• Once an Assignment has commenced you will need to pay The Company a Fee. This clause sets out how the Fee will be calculated and when the Fee will be payable. The fee process will be under the control of the Company who will send an invoice to the client at the end of each calendar month.
• The Fee will consist of one or a number of the relevant charges as set out at Schedule 1. Some components of the Fee are fixed and their value is set out at Schedule 1. Other components of the Fee (such as the Standard Hourly Fee) will vary depending on the Assignment and/or the Tutor and the value of such charges will be confirmed to you in the Confirmation Correspondence.
• To help us calculate the Hourly Tuition Fee, the Tutors supply us with a record of the number of hours which he/she has spent providing Tuition. Where Tuition has been provided we will charge you in full for all time actually worked by the Tutor at the Standard Hourly Fee rate in accordance with this Agreement. We suggest that you keep your own record of tuition dates and times. The Tutor submits the timesheet to us at the end of each calendar month. For face to face tuition, the Tutor may ask you to sign off on the timesheet. Your signature on a timesheet shall be deemed conclusive evidence that the lesson took place.
• You do not pay the Tutor directly. We will send you an invoice or direct link to pay online.
• Payments must be made according to conditions of the service.

 

Cancellation, termination and rearranging lessons

• Cancelling a lesson(Hourly Tuition placements). Please ensure that you and the Tutor are agreed on the arrangements for each lesson. If you need to cancel or change a lesson, please call or email the Tutor directly. Tutorials that are cancelled by you with less than 24 hours’ notice will be charged for in full. For the avoidance of doubt, notice to cancel a lesson given in accordance with this clause will not necessarily terminate an Assignment and/or this Agreement.
• Rearranging lessons – both you and the Tutor must give reasonable notice to each other of any holiday commitments you may have; and any changes to the tuition timetable necessary because of illness. An alternative date will be arranged.
• Replacement tutors – in the event that you reasonably believe that the Tutor is for whatever reason unsuitable, please let us know as soon as possible. We will use reasonable actions to introduce you to a suitable replacement tutor.
• Terminating an Assignment with a specific Tutor – where tuition is not agreed for a specific period, please give us a notice of the end of tuition in writing both to your Tutor and to us so that your Tutor may conclude his or her work with the student and plan his or her commitments.

 

Liability

• If you have a complaint against the Tutor or against us, you must inform us of that complaint within 24 hours of the occurrence that gave rise to it by sending an email to info@learneasynow.com
• We introduce tutors in good faith and in the belief that he or she will perform to the best of his or her abilities. However, to the extent that the Tutor is a self-employed professional we cannot guarantee the performance of the Tutor. Any opinion expressed by the Tutor is not necessarily an expression of the opinions of The Company.
• Neither The Company nor any of its staff shall be liable to you for any loss, injury, damage, expense or delay incurred or suffered by you arising directly or indirectly from or in any way connected with the introduction or supply of a Tutor to you or with any failure by The Company to introduce or supply a Tutor and, in particular, but without limitation to the foregoing, any such loss, injury, damage, expense or delay arising from or in any way connected with:
• failure of the Tutor to meet your requirements for all or any of the purposes for which he or she is required by you;
• any act or omission of a Tutor, whether willful, negligent, fraudulent, dishonest, reckless or otherwise; and
• any loss, injury, damage, expense or delay incurred or suffered by a Tutor, provided that nothing in this shall exclude or restrict the liability of The Company to you for death or personal injury resulting from negligence or for fraudulent misrepresentation or in any other circumstances where liability may not be so limited under any applicable law.

 

Private arrangements

• You are not permitted to make private arrangements for tuition with Tutors introduced or supplied by us.
• By confirming Tuition, you undertake not to make any such arrangements with any Tutor registered with us either during the term of this Agreement or for up to 12 months following its termination.
• Should a Client breach this obligation, they will be liable to account to The Company for all sums paid to the Tutor without deduction and The Company shall be entitled to obtain an injunction against a Client to prevent further breaches. This obligation shall continue notwithstanding termination of this agreement.

 

Responsibilities of the tutor

• With respect to face to face tuition, a Tutor is not responsible for supervising minors, nor guarding a house and/or household effects. Please ensure that a responsible adult is on the premises at all times.

 

Data protection

• The Company and the Client shall comply with their respective obligations under the Data Protection Laws.
• The Company shall procure that each of their Tutors shall also comply with their respective obligations under Data Protection Laws at all times.
• By entering into this Agreement you consent to our use of your, and where you are the parent or legal guardian of the individual receiving Tutoring to use that individual’s, personal data for the purpose of providing the Tutoring which may include (without limitation) effecting introductions to Tutors, use of such data for billing and/or fee collecting purposes and/or to enable us to make contact from time to time.

 

Miscellaneous

• Neither party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of that party. The party affected by such circumstances shall promptly notify the other party in writing whether such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than 2 weeks, either party may terminate this Agreement by written notice to the other party.