Full Terms and Conditions
This agreement applies as between you, the User of this Website and Tuition services and JMTutoring, the owner of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Tuition Arrangement” means an arrangement for a Tutor to perform services for a Tutee as agreed between the Tutor and the Tutee.
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Learning Establishment” means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;
“Service” means collectively any online facilities, tools, services or information that JMTutoring makes available through the Website, email communication, or face-to-face tuition either now or in the future;
“System” means any online communications infrastructure that JMTutoring makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by JMTutoring and acting in the course of their employment; and
“Website” means the website that you are currently using (www.englishtutoring.net) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
All and any business undertaken between you and us is subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail unless expressly otherwise agreed between you and us in writing. No variation of these Terms shall be valid if made without our written consent.
2. Intellectual Property
2.1 Subject to the exceptions of these Terms and Conditions, all Content included on the Website or social media platforms, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of JMTutoring. By continuing to use our services you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by JMTutoring. Specifically you agree that:
2.2.1 you will not use the Content of the Website for commercial purposes;
2.2.2 you will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by JMTutoring;
2.2.3 you may, as a student of a recognised Learning Establishment, use the Content of the Website for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment; and
2.2.4 employees of Learning Establishments may use the Content of the Website for teaching purposes subject to the following conditions:
a) No further consent is required for use in not-for-profit Learning Establishments. This may include, but is not limited to, schools that charge no fees for tuition; and
b) For use in profit-making Learning Establishments, prior written consent is required. This may include, but is not limited to, private schools charging fees, universities and adult education providers.
3. Provisions that specifically apply to Tutees
If you are a Tutee or if, as a Tutor, you enjoy Tutee-level access, the following provisions in this paragraph 3 apply to you.
3.1 Tutoring sessions will be held at the Tutor’s home and will last for one hour. Content will vary depending on the age of the Student and what goals they are working towards. Parents are welcome to stay in the living area while the session is taking place, if they wish.
3.2 Tuition for home educated students may take place at a location mutually convenient to the Tutor and Student. This might include the Student’s or Tutor’s home, or an agreed location such as a public library. Travel costs may apply depending on the distance travelled by the tutor.
3.3 Online sessions will take place through Zoom. Failing this, Skype Facetime or equivalent applications may also be used. The tutor will email through any work prior to the session, and when requested will email a summary of the session and homework to the Student and Parents up to 48 hours after the session has taken place.
3.3.1 It is the responsibility of the parent and student to ensure that the internet and computing facilities for the session are working correctly in advance of the session. If equipment is not functioning at the time of the session, the 24 hour late cancellation policy applies.
3.4 Any homework the Tutor sets should be emailed back to them the day before the next session is due to start. A 24 hour period is required to review the homework that has been completed, and may influence the content of the next lesson. Late submissions of homework will be marked at a time convenient to the tutor, but the student will receive feedback within a 7 day period.
3.5 When group sessions are booked, the place is non-refundable. Group sessions will run subject to minimum numbers and must be booked and paid for in advance of the session.
3.6 Fees are calculated according to the times stipulated in the schedule and no adjustment shall be made for time lost because of late arrival by the Student. Any lost time because of the late arrival of the Tutor shall be compensated for by extending a lesson by mutual agreement and by such amount of time that was lost.
3.7 JMTutoring will not give predicted grades for students to the students, their parents or guardians. If exam centres require this information, they must contact the tutor directly in accordance with current government policy and regulations from OFQUAL:
Will students see the centre assessment grades their school or college submits?
No. It is important schools and colleges do not share provisional grades, nor rank orders, with students or parents and carers. This is to protect the integrity of the teachers’ judgements, and to avoid teachers, Heads of Department or Heads of Centre feeling under pressure to submit a grade that is not supported by the evidence. (OFQUAL)
3.8 The Student agrees to assist the Tutor in identifying problem areas in which the Student needs specific tutoring.
3.8.1 The Student agrees that assignments, exercises or homework form an integral part of tutoring and undertakes to complete such work in a timely manner.
3.5 You hereby confirm that you are not less than eighteen years of age. Any person seeking to use the Website or our Services who is less than eighteen years of age must arrange for a parent or guardian to register with us on their behalf and that parent or guardian shall be the Tutee for the purposes of these Terms.
4. Payments, Money-Back Guarantee
4.1 Types of sessions available are outlined below
Price per hour
Ad hoc face to face
Individual appointments. Payable on the day of the appointment.
Block booking for a minimum of 1 academic term. 6 weeks (one half term’s) notice of cancellation required. Payable in full in advance of the first session.
30 min 1-2-1 session
4.2 No discounts, other than the block booking discount, will be applied for any services.
4.3 Fees for sessions must be paid in advance of the session in order to secure the appointment. Appointments are only officially confirmed upon receipt of payment made through the scheduling page.
4.3.1 All bookings are made through the scheduling page: https://jmtutoring.as.me and can be amended through the scheduling page, when the parent/student has signed up for a login.
4.3.2 There will be an automatic email confirmation when a booking has been made, amended or cancelled, as well as a reminder 24 hours before the session is due to start. It is the responsibility of the User to ensure that this has been received.
4.4 24 hours’ notice prior to your scheduled appointment must be given to cancel your appointment or your package will be charged for the session. Rescheduled appointments with less than 24-hour notice must be rescheduled for the same day to save that session. Please note that this is subject to alternative sessions being available and therefore a new space cannot be guaranteed.
4.4.1 Under exceptional and unforeseen circumstances, the cancellation fee may be waived, but this remains at the sole discretion of JMTutoring and will be restricted to one per student.
4.4.2 If the tutor has to cancel a pre-paid session for any reason and cannot reschedule at a mutually convenient time, a credit for the session will be automatically added to the User’s account on the scheduling page and available to use when convenient.
4.5 JMTutoring makes no promises or warranties with regards to a Student’s performance as a result of any tutoring provided.
5. Obligations of the Tutor
5.1 The Tutor undertakes to structure lessons in such a way as to optimize time to the benefit of the Student.
5.2 The Tutor shall keep confidential all information of the Student and shall contact other parties involved in the education of the Student only if given permission by the Student or Parents to do so.
5.3 The Tutor shall not assign any of his/her duties or obligations under this tutoring contract to a third party without the permission of the Student or Parent.
5.4 The Tutor shall at no time be required or obliged to execute homework or assignments on behalf of the Student.
5.5 Formal written reports may be requested from the tutor under special circumstances, including to support EHCPs. These reports are not standard procedure and will incur a charge reflective of the time it takes to prepare. Costs of reports start at £125. For a detailed estimate please contact email@example.com.
6. Termination policy
6.1 JMTutoring reserves the right to discontinue tutoring if you fail to comply with these terms and conditions.
6.2 Students may terminate tuition at any point, but remaining credits for sessions are non-refundable and non-transferable.
7. Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belong to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
8. Disclaimers and Limitation of Liability
8.1 Nothing in the Terms limits or excludes our liability for death or personal injury caused by our proven negligence. Subject to the previous sentence, we shall not be liable for any consequence, loss or damage of any nature whatsoever and howsoever arising (whether such damage or loss was foreseen, foreseeable, known or otherwise) out of or in connection with the viewing, use or performance of the Site or its content, whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants or agents, or any other person. Such shall include (but not be limited to) loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties or any indirect, consequential, special or exemplary damages arising from the use of the Site regardless of the form of action.
8.2 If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and us at the time of entering into an agreement on these Terms.
8.3 You agree and acknowledge that we shall not be responsible or liable for:
(a) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into the agreement on these Terms, including loss of profits and loss of opportunity; or
(b) failure to provide the Website or our Services or to meet any of our obligations under these Terms where such failure is due to any cause or event beyond our reasonable control.
8.4 We accept no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material available on or through this Site.
8.5 JMTutoring makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
8.6 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, JMTutoring makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
8.7 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
8.8 The information on this Website is not designed with commercial purposes in mind. Commercial use of the Content of this Website is forbidden under Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and JMTutoring makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
8.9 You promise to compensate us for all (if any) claims, liabilities, costs and expenses (actual or consequential) that we may suffer, which arise out of or in connection with your use of the Website and/or the Services, in particular in relation to:
(a) your breach of any provision of these Terms;
(b) your involvement in any Tuition Arrangement (including your breach of any Tuition Arrangement); and
(c) your violation of any law or the rights of a third party.
8.10 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
8.11 Our liability to you arising out of or in connection with any agreement between you and us on these Terms shall be limited to £250 (250 GBP).
9. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
10. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
11.1 All notices / communications shall be given to us by email to firstname.lastname@example.org. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
11.2 JMTutoring will respond to notices and communications between the hours of 9.30am and 4.30pm Monday – Friday. Communications received outside of these hours will be responded to at the first available opportunity.
11.3 JMTutoring will not respond to any communications while tuition is taking place.
12. Law and Jurisdiction
These terms and conditions and the relationship between you and JMTutoring shall be governed by and construed in accordance with the Law of England and Wales and JMTutoring and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.