Parent/Guardian/Student(18+) Face-to-face and Online tutoring agreement

BACKGROUND:

(A) These Terms together with the Schedule below and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which private online tutoring services are provided by Us to Consumers through Our website, miniteaching.com (“Our Site”).

(B) Terms and information that are specific to accessing Tutor’s lessons for pupils under the age of 18, from or via Our Site using the Zoom cloud-based web conferencing or other similar video conferencing platforms are set out in the Schedule below for ease of reference but they will have the same effect as if set out in these Terms & Conditions.

(C) Please read these Terms below carefully and ensure that You understand them before proceeding. If You have any query about anything in these Terms please contact Us to discuss. When setting up an Account before purchasing any Subscription, You will be required to read, accept, and agree to comply with and be bound by these Terms of Sale and the Schedule. If You do not, You will not be able to purchase a Subscription for a session or block of sessions of tutoring or access online tutoring services from Us.

(D) All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:

(i) are required by law to give to You before You order a Subscription; or

(ii) voluntarily give to You and You rely on it either when deciding to order a Subscription or when, subsequently, You make any decision about the Subscription.

We give You some of that information before You order a Subscription and some it is set out in these Terms of Sale and the Schedule.

(E) Paid Content is intended for access and use by a person who is under the age of 18 (a minor) and therefore the Account must be set up by, and all Subscriptions must be purchased for them only by the parent or guardian of that person.

(F) These Terms, as well as any and all Contracts, are in the English language only.

(G) These Terms of Sale only to the sale of Paid Content ie tutoring whether online or face to face as appropriate;

(H) Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

means the account, referred to in Sub-Clause 7.1, that You must set up with Us in order to purchase any Subscription;

“Background Items”

means background and other information or materials relating to or forming part of the subject to be taught, all of which information or materials is downloadable or viewable as text/graphics;

“Consumer”

means an individual client who, as parent or guardian of the Student, purchases any Subscription to Our services comprising any Paid Content which is to be received or used for the Student’s personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;

“Contract”

means a contract between Us and You for the purchase of a Subscription for the Student to access any Paid Content, as explained in Clause 7;

“Paid Content”

means any digital content (including text, graphics, images, audio, and video) comprising any session of teaching, tutoring, mentoring or other form of learning or instruction in, or any course materials or other information or materials related to, any school subject for which We offer tuition where those sessions or materials are sold by Us through Our Site and made available by Us by means of:

a) a two-way synchronous live stream audio and/or video technology, e.g. Zoom, Skype or other similar platform;

b) downloadable or other viewable text, graphics or other non-video, non-audio items or information, including Background Items and core syllabus materials.

Paid Content will be more fully described in other information that We give or make available to You before You order a Subscription. That information may include the name of any teacher(s) or tutor(s) presenting any digital content on Our behalf but whether it does or does not do so, We may, if so We decide in our discretion, at any time and without notice substitute any other individual(s) who is suitably qualified and experienced;

“Subscription”

means a subscription to Our Site purchased by You which provides You with access to Paid Content which You can make available to the Student which comprises either:

(a) one or more specific single events or items (sessions); and/or

(b) one or more series or collections of two or more specific events or items (blocks of sessions); and/or

(d) the Background Items if applicable to your Subscription.

We will give You information about the period of access to (a), (b) and (c) before You purchase the Subscription which will include the information described in Sub-Clause 7.4.6.

Every Subscription will include access to the Background Items for the whole period of the Subscription where relevant, and they will all be accessible as soon as We have sent You a Subscription Confirmation;

“Subscription Confirmation”

means Our acceptance and confirmation of Your purchase of a Subscription;

“Subscription ID”

means the reference number for Your Subscription;

“We/Us/Our”

means Andrew John Paterson and any partners who are decided upon within the website domain “miniteaching.com”

“You”

means the Consumer who sets up an Account and purchases Subscriptions as the parent or guardian of the Student.

2. Information About Us

2.1 Our Site, miniteaching.com is owned and operated by Andrew John Paterson, 6 Crescent Rise, London, N22 7AW

2.2 We are not VAT registered.

3. Contacting Us

3.1 If You wish to contact Us with general questions, You may contact Us by telephone at 07816 828982 by email at hello@miniteaching.com or by post at 6 Crescent Rise, London N22 7AW.

3.2 For matters relating to Paid Content or Your Subscription or Account, please contact Us by telephone at 07816 828982 by email at hello@miniteaching.com or by post at 6 Crescent Rise, London N22 7AW.

3.3 For matters relating to cancellations, please contact Us by telephone at 07816 828982 by email at hello@miniteaching.com or by post at 6 Crescent Rise, London N22 7AW.

3.4 To make a complaint, see Clause 15.

4. Age Restriction and Consumers only

Only if a person is aged at least 18 years of age and a Consumer may they set up an Account or purchase a Subscription through Our Site. However, that person may make access to the Paid Content available to the Student.

5. Business Clients

These Terms & Conditions and the Schedule below do not apply to clients purchasing Subscriptions and accessing Paid Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation.

6. Subscriptions, Paid Content, Pricing and Availability

6.1 We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that You and the Student will receive.

6.2 We may from time to time change Our prices. Changes in price will not affect any Subscription that You have already purchased but will apply to any subsequent renewal or new Subscription. We will inform You of any change in price at least 7 days before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract as described in sub-Clause 13.1.

6.3 Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your and the Student’s use of that Paid Content. However, if any change is made that would affect Your or the Student’s use of the Paid Content, suitable information will be provided to You.

6.4 Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You before You purchased Your Subscription for access to the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.

6.5 If We discover an error in the price or description of Your Subscription after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 13.4.

6.6 All prices on Our Site include VAT where we are VAT registered only. If the VAT rate changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

7. Orders – How Contracts Are Formed

7.1 We will guide You through the process of setting up an Account and purchasing a Subscription. (Please also see the Schedule below as to setting up an Account.)

7.2 If, during the order process, You provide Us with incorrect or incomplete information (including any incorrect or incomplete information about the Student or the type of Paid Content that the Student requires) please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.

7.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of Your order does not mean that We have accepted it. Our acceptance is indicated by Us sending You a Subscription Confirmation by email. Only once We have sent You a Subscription Confirmation will there be a legally binding Contract between Us and You.

7.4 Subscription Confirmations shall contain the following information:

7.4.1 Your Subscription ID;

7.4.2 Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;

7.4.3 Pricing for Your Subscription including, where appropriate, taxes, and other additional charges;

7.4.4 The duration of Your Subscription (including the start date, and the expiry and or renewal date);

7.4.5 In relation to any video (live or recorded) event, item, series, collection or type/s of events or items constituting the Paid Content, the period during which it can be accessed which will be either (a) the whole period of the Subscription; (b) or a specific period commencing on a stated date that is shorter than that whole period; and

7.5 In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 7 days.

7.6 Any refunds under this Clause 7 will be issued to You as soon as possible, and in any event within 7 calendar days of the day on which the event triggering the refund occurs.

7.7 Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Subscription.

8. Payment for Subscriptions

8.1 Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when We process Your order and send You a Subscription Confirmation (this usually occurs immediately and You will be shown a message confirming Your payment).

8.2 We accept the following methods of payment on Our Site:

8.2.1 Debit or credit card; Paypal.

8.3 If You do not make any payment due to Us on time, We may suspend Your and the Student’s access to the Paid Content/sessions and notify the Tutor who will not provide the Session. For more information, please refer to sub-Clause 9.6. If You do not make payment within 7 days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.

9. Provision of Paid Content

9.1 We undertake to make available to You on these Terms of the Paid Content for the Student for which You subscribe but if You or the Student choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us You or the Student are unable to do so, You will not be entitled to any refund.

9.2 Paid Content appropriate to Your Subscription will be available to You for the Student from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until You end the Contract, on and subject to the following:

9.2.1 An item of Paid Content requested will be available when stated in the information that We provide about it before You place Your order, either (a) if it is a face to face, or livestream item, the time and date when it is scheduled to be available and to start whether a sole or group Session by video link then We or the Tutor assigned will make contact to arrange a mutually convenient date and time (b) if it is a pre-recorded or other non-streamed item, the period within which it is or will be available for access.

9.2.2 If an item of Paid Content is face to face or a livestream item, We will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item (such being made available to You and/or to others by Us) or by other circumstances. Any such delay will not normally exceed 15 minutes.

9.2.3 When You place an order for a Subscription, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”). (For this purpose, access by the Student will be treated as access by You.) Please see sub-Clause 12.1 for more information.

9.3 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

9.3.1 To fix technical problems or to make necessary minor technical changes;

9.3.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;

9.4 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 9.3, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension). You will not be charged while availability is suspended and Your Subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 36 hours). If the suspension lasts (or We tell You that it is going to last) for more than 36 hours, You may end the Contract as described below in sub-Clause 13.2.

9.5 We may suspend provision of the Paid Content as follows if We do not receive payment on time from You in advance of any Session. We will inform You of the non-payment on the due date, and if You do not then make payment within 7 days of Our notice, We may suspend provision of all Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended.

9.6 Any refunds under this Clause 9 will be issued to You as soon as possible, and in any event within 7 calendar days of the day on which the event triggering the refund occurs.

9.7 Refunds under this Clause 9 will be made using bank transfer.

10. Licence

10.1 When You purchase a Subscription to access Paid Content, We will grant You and the Student a limited, non-exclusive, non-transferable, non-sublicensable licence to access, participate in and use the relevant Paid Content for Your and the Student’s personal, non-commercial purposes. The licence granted does not give You or the Student any rights in Our Paid Content (including any material that We may licence from third parties).

10.2 The licence granted to You and the Student under sub-Clause 10.1 is subject to the following usage restrictions and/or permissions:

10.2.1 Neither You nor the Student may copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); and

10.2.2 Neither You nor the Student may use any two way livestream facility which is or is part of a Paid Content item or event to communicate or make accessible to any other person accessing or participating in that item or event anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of that item or event; and

10.2.3 Neither You nor the Student may circumvent the terms of Our contract with You by seeking to obtain Services from any Tutor we supply to You to provide education services direct. In such eventuality this will entitle Us to damages from You for breach of contract on a full indemnity basis;

10.3 You must ensure that You and the Student complies with the above restrictions, and You will be responsible to Us if he/she fails to do so as if it were You that had failed to do so.

11. Problems with the Paid Content

11.1 By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content available through Your Subscription does not comply, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:

11.1.1 If the Paid Content has faults, You will be entitled to a repair or a replacement.

11.1.2 If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund.

11.1.3 If You can demonstrate that the fault has damaged Your device or other digital content belonging to You because We have not used reasonable care and skill, You may be entitled to a repair or compensation. Please refer to sub-Clause 14.3 for more information.

11.2 Please note that We will not be liable under this Clause 11 if We informed You of the fault(s) or other problems with particular Paid Content before You or the Student accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned You that it may contain faults that could harm Your device or other digital content), if You have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.

11.3 If there is a problem with any Paid Content, please contact Us at hello@miniteaching.com or on 07816 828982 or visit the contact page on Our Site miniteaching.com to inform Us of the problem.

11.4 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 7 calendar days of the day on which We agree that You are entitled to the refund.

11.5 Refunds under this Clause 11 will be made using bank transfer.

11.6 For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.

12. Cancelling Your Subscription

12.1 If You are a Consumer in the UK, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Subscription Confirmation (i.e. when the Contract between You and Us is formed) and ends when You or the Student accesses (e.g. downloads or streams) Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.

12.2 After the cooling-off period, You may cancel Your Subscription at any time. However, subject to sub-Clause 12.3 and Clause 13, We cannot offer any refunds and You and the Student will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.

12.3 If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to or allow the Student to attempt to access any Paid Content. Provided neither You nor the Student have accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If You or the Student have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and You and the Student will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).

12.4 If You wish to exercise Your right to cancel under this Clause 12, You may inform Us of Your cancellation in any way You wish, however for Your convenience We offer a cancellation form on request. Cancellation by email or by post is effective from the date on which You send Us Your message. If You would prefer to contact Us directly to cancel, please use the following details:

12.4.1 Telephone: 07816 828982

12.4.2 Email: hello@miniteaching.com

12.4.3 Post: 6 Crescent Rise, London, N22 7AW;

in each case, providing Us with Your name, address, email address, telephone number, and Subscription ID.

12.5 We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services; however, please note that You are under no obligation to provide any details if You do not wish to.

12.6 Refunds under this Clause 12 will be issued to You as soon as possible, and in any event within 7 calendar days of the day on which You inform Us that You wish to cancel.

12.7 Refunds under this Clause 12 will be made using the same payment method that You used when purchasing Your Subscription.

13. Your Other Rights to End the Contract

13.1 You may end the Contract at any time if We have informed You of a forthcoming change to Your Subscription or the Paid Content (as described in sub-Clauses 6.3 or 6.5), or to these Terms of Sale that You do not agree to. If the change is set to take effect or apply to You before the end of Your current Subscription, We will issue You with a partial refund pro rata or full as appropriate. If the change will not take effect or apply to You until the expiry of Your current Subscription, the Contract will end at the end of that Subscription period and You and the Student will continue to have access to the Paid Content until that date.

13.2 If We have suspended availability of the Paid Content for more than 36 hours, or We have informed You that We are going to suspend availability for more than 1 week, You may end the Contract immediately, as described in sub-Clause 9.5. If You end the Contract for this reason, We will issue You with a partial refund pro rata as appropriate by way of refund.

13.3 If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a partial pro rata or full refund as appropriate.

13.4 If We inform You of an error in the price or description of Your Subscription or the Paid Content and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a pro rata refund or full refund as appropriate.

13.5 You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

13.6 Refunds under this Clause 13 will be made within 7 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription.

13.7 If You wish to exercise Your right to cancel under this Clause 13, You may do so in any way You wish, however for Your convenience We offer a cancellation form at Schedule 2. If You would prefer to contact Us directly to cancel, please use the following details:

13.7.1 Telephone: 07816 828982;

13.7.2 Email: hello@miniteaching.com

13.7.3 Post: 6 Crescent Rise, London, N22 7AW;

in each case, providing Us with Your name, address, email address, telephone number, and Subscription ID.

13.8 We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.

14. Our Liability to Consumers

14.1 We will be responsible for any foreseeable loss or damage that You or the Student may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

14.2 Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to You or the Student for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity. Specifically we do not guarantee or warrant that You or the Student will gain any particular benefit from the Services provided or pass any examinations.

14.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content (including but not limited to Paid Content) from Our Site damages Your or the Student’s device or other digital content belonging to You or the Student, We will either repair the damage or pay You appropriate compensation. Please note that We will not be liable under this provision if:

14.3.1 We have informed You of the problem and provided a free update designed to fix it, but You have not applied the update; or

14.3.2 The damage has been caused by Your or the Student’s own failure to follow Our instructions; or

14.3.3 Your or the Student’s device does not meet any relevant minimum system requirements that We have made You aware of before You purchased Your Subscription.

14.4 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.

14.5 Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer or any rights of the Student. For more details of Your or the Student’s legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

14.6 We will not be responsible or liable if You or the Student are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the Attachment).

15 Complaints and Feedback

15.1 We always welcome feedback from Our clients and, whilst We always use all reasonable endeavours to ensure that Your experience as a client of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

15.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available on request.

15.3 If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:

15.3.1.1.1 Telephone: 07816 828982;

15.3.1.1.2 Email: hello@miniteaching.com

15.3.1.1.3 Post: 6 Crescent Rise, London, N22 7AW;

16 How We Use Your Personal Information (Data Protection)

We will only use Your and the Student’s personal data as set out in Our Terms and Condition, Privacy Notice and Cookie Policy

17 Other Important Terms

17.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

17.2 You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract).

17.3 The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.

17.4 If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.

17.5 If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.

17.6 We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-Clause 13.1 above).

18 Law and Jurisdiction

18.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.

18.2 As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.

18.3 As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

Schedule 1

2. Use of Zoom or other web-conferencing platform to access tutoring online (referred to throughout as Zoom);

We only offer tutoring online (referred to below as “Tutoring”).

We use technology which allows Us to provide Tutoring provided that You have the appropriate technology (see below) for the Student to receive that Tutoring. For this purpose, We use the Zoom cloud-based web conferencing platform (“Zoom”).

Where We are to make any of the Tutoring available for the Student by means of Zoom rather than any other platform, it will be on the following basis.

3. The technology that We will be responsible for providing

We will subscribe to Zoom and will pay any necessary fees to Zoom to maintain that subscription. It will enable Us to act as “host” and to provide the Tutoring to the Student over the internet via the Zoom facility. We may also other providers in the future that best serve our delivery of content.

To receive or participate in any Tutoring via Zoom, the Student will need to join a session which is within the scope of Your Subscription. You will not need to pay any fee or charge for the Student to use the Zoom facility or join that session: You will only need to pay for the Tutoring made available by Your Subscription.

We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any Zoom App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable the Student to use Zoom.

4. The technology and other items that You will be responsible for providing

It will be Your sole responsibility to ensure that You and the Student have access to, and familiarity with all necessary technology so that the Student can receive and participate in Tutoring via Zoom.

You will need to ensure that the Student has access to and uses the following non-exhaustive list of facilities for this purpose:

(a) An appropriate functioning Device which is adequately charged;

(b) An up to date Zoom App where applicable. It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive Tutoring;

(d) A safe location with a suitable quiet and comfortable environment in which to watch, listen, speak where appropriate, and otherwise to participate as necessary without the presence of any other person to distract the Student or teacher/tutor; however, a parent or guardian must be present nearby if the student is under 18.

(e) Exercise/note books, pens, pencils, textbooks, and any other books, materials or equipment that the Student will need, as advised by Us before You place Your order for a Subscription.

We do not supply or make available the Zoom platform that You use to access any Paid Content. We are not a party to Your download and use of that platform, and We will have no responsibility or liability to you in relation to it in any respect. It will be subject to and governed by such terms and conditions and privacy policy of Zoom as the third party provider of the platform to You imposes on such download and use.

Paid Content consisting of Background Items is not provided via the Zoom platform but is instead downloadable directly from Our Site.

5. Scope of what We make available to access

We do not, and cannot, assist You or the Student to obtain, set up, maintain, or operate any technology. If You or the Student need any assistance or advice about technology, You or the Student should seek it from an appropriate third party. We do not, and cannot, give You or the Student any advice about what technology is needed or how to use it.

We do not claim to have any expertise or skill in relation to any technology that You or the Student need or use for the purpose of receiving Tutoring. However, We may, if You request it, either before or during any session of Tutoring, and without charge, offer suggestions in good faith to resolve any problem with that technology that You or the Student report, but it will not be in the nature of advice to either of you. We do not therefore take on any responsibility or accept any liability to either of you if any such suggestion does not help You or the Student to resolve any problem or if by following any such suggestion You or the Student experience any other problem, loss or damage to any technology or other thing except if Your Device or Your digital content is damaged in circumstances where We are liable in respect of that damage under Sub-Clause 14.3.

We will not be responsible or liable to You or the Student if the Student is unable to access any Tutoring due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for Tutoring that We have made available to You for the Student. Such causes beyond Our reasonable control may include (but are not limited to):

(a) Where You or the Student are unable to resolve any technology problem (whether or not either of you have asked Us for or We have offered any suggestions as to how to resolve the problem); or

(b) Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You or the Student use or rely on;

(c) Failure of or defect in the Zoom platform used by Us or You or the Student to make Tutoring available to the Student; or

(d) Your or the Student’s inability to access Tutoring due to failure of or defects in Our Site etc.

6. Account setup needed

In order to purchase any Subscription and enable the Student to receive any Tutoring, You will first need to setup and then maintain an Account with Us. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.

You may not create an Account if You are under 18 years of age.

We only offer Paid Content for use in the UK to individuals residing in the UK. You may only open an Account with a residential address in the UK.

When You open an Account, You will be asked to confirm that You request Us and give Us permission to teach the Student as appropriate according to each Subscription that You subsequently purchase.

During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account.

You may be asked for additional information regarding Your Account, such as Your e-mail address.

7. Your responsibility for Your Account and its security

You must not share Your Account or Your Account details with anyone except the Student. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.

You are fully responsible for maintaining and ensuring that the Student maintains the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You or the Student log out from Your Account at the end of each session of the Student’s access of Tutoring. You must immediately notify us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.

You must never use, and must not allow the Student ever to use, anyone else’s Account without prior authorisation from Us for the specific occasion in question.

When creating an Account, the information You provide must be accurate and complete. If any of Your or the Student’s information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.

If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription.

If You wish to close and delete Your Account, You may do so via the ‘contact us’ section of Our Site.

8. Your privacy and security on each occasion when Tutoring is accessed

Where any Tutoring that the Student accesses is two-way synchronous live stream audio and/or video technology (not a pre-recorded one way transmission), on the occasion the Student accesses it, it will be made available on that occasion only to the Student as an individual session unless you have signed on for a group session when it is to be simultaneously accessible to others who have also purchased it and choose to access it.

Therefore, if We specify that a particular two-way session is also accessible to others, the following will apply to that session, and You are responsible for bringing this to the attention of the Student:

(a) When the Student signs in to Zoom, they should indicate their first name only since their name will be visible to Our other clients taking part;

(b) You and the Student understand and are aware that there is a risk that other clients and other people may see and hear (via the video and/or audio facilities of the Zoom App and Your Device) not only the Student but also the Student’s space and its surroundings and other people in or near that space and its surroundings when the Student is participating in the session;

(c) You should ensure that the space the Student uses is free of others who are not a parent or guardian and it should be difficult to see or hear via the Zoom App and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide that the Student will use a private room and/or wear headphones with a parent/guardian nearby;

(d) There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;

(e) We cannot ensure privacy or confidentiality due to the nature of two-way sessions involving Our other students as well as the Student; and

(f) In any event, it will be Your responsibility to ensure that the Student has a suitable space to use when they participate in any two way session in order to protect their privacy and that of others in or near that space where other clients have access to the session.

We will not be liable to You or the Student for any loss or damage arising from Your or the Student’s failure to comply with the above requirements.

9. Health and Safety

You acknowledge and agree, and will ensure that the Student acknowledges and agrees that:

(a) Certain particular sessions or a series of sessions may be unsuitable for the Student if they have special needs, or any mental or physical health problem or condition, depending on the needs, problem or condition concerned;

(b) When You purchase a Subscription and at least 48 hours before the Student participates in any session,

You must tell Us of any such needs, problem or condition of which You are aware which might be relevant to the Student participating in that session. We will discuss with You any such matter that You tell Us, and inform You if We decide not to accept Your order for a Subscription because of the particular needs, problem or condition in question. If We do accept Your order, You must act in accordance with any instructions provided by Us relating to the matter; and

(c) Due to the remote nature of online tutoring, We do not undertake to and cannot supervise, attend, assist or advise (or arrange for or alert any third party to do so), if during a session the Student falls ill, has an accident or experiences any other problem, and, accordingly, throughout the session, You must be at the premises where the Student participates in the session and must supervise the Student where and to the extent necessary. You must be contactable by Us by mobile phone in case We decide that We wish or need to speak to You immediately before or after, or at any time during, any session.

9. Teachers, tutors and professional references and DBS

Please note that :

(a) We will in Our discretion decide which teacher/tutor to assign to each session. Where a Subscription comprises more than one session, We may assign different teachers/tutors to different sessions, but will endeavour to minimise the changes of teacher/tutor from one session to the next in relation to each Subscription;

(b) In any event, the teacher/tutor who We assign to any session will be appropriately qualified as a teacher/tutor of the subject in question at the appropriate level and will be competent to conduct that session;

(d) If before You purchase any Subscription, You request Us to provide You with references for the teachers/tutors who We may or will assign to teach the sessions comprised in that Subscription, We will provide You with at least one professional references as to their knowledge of, and ability and experience in the subject; and

(e) We will ensure that, before any teacher/tutor provides the first session to the Student, We receive the result of a Disclosure & Barring Service (DBS) enhanced check for that teacher/tutor which does not contain anything that We consider would render the teacher/tutor to be an inappropriate person to provide a session.

10 Scope of Our teaching/tutoring – interactive sessions

Period of sessions: Where a session is a live two-way interactive session, We will provide individual tuition for the Student for a period of 30 to 60 minutes (or any other period that We agree with You)

Progress of Student: Whilst We will use Our reasonable endeavours to ensure that the Student makes satisfactory progress, results will differ from student to student depending on various factors, including, without limitation, number and frequency of sessions, whether they are interactive rather than one way recorded sessions, any homework adequately attempted or completed by the Student, and the Student’s aptitude.

Satisfactory progress cannot be guaranteed, and We make no warranty or representation that any particular result will be brought about (including passing any examination) as a result of the Student taking part in or viewing any session(s). In particular, carrying out any such homework assignments as We might advise or prescribe is a prerequisite of making satisfactory progress.

Examinations: Where We decide that We are able to do so, We may recommend to You and the Student, as and when appropriate, when We consider that he/she is ready for any relevant examination

Attendance: If the Student is not available for a session for any reason it is solely Your responsibility to ensure that the Student makes up for that missed session by purchasing an additional session if necessary.

Punctuality: Students are expected to be ready for a session at least 5 minutes before the scheduled start time of the session to ensure that they are ready to start on time.

Course materials etc: We may make suggestions as to any textbook or other materials that the Student should purchase or otherwise acquire where We think it is necessary or helpful for the Student to have a copy to use during or outside sessions but We cannot provide such books or materials for the Student.

Homework Assignments: We will give the Student a homework assignment at the end of a session, and he/she should complete it prior to his/her next session. It is best if the Student has a quiet place to work on his/her homework assignment without interruption.

Preparation for each session: The Student should attend each session prepared by completing any homework assignment that We give to him/her at the previous session. Such adequate preparation is more likely to result in satisfactory progress in the subject concerned. It is not Our responsibility to ensure that the Student carries out homework assignments but if the Student requires help with their assignment between sessions, We are usually contactable and may agree to provide some help remotely.

Records: Older Students should provide and maintain a tuition session diary in which the Student can make notes, setting out any information useful or necessary to the Student when carrying out a homework assignment or to prepare for an examination.

Our commitment, amount of tuition needed and maximum tuition to be provided on any day/in any week: We agree to teach the Student at the agreed times and days. It is not possible to determine at the outset how much tuition the Student will require.

Parent/Guardian’s involvement: You are encouraged to take an active interest in the Student’s study of the subject concerned and be involved in their homework assignments to the extent that that is practicable and helpful to him/her. You should where necessary provide them with a quiet place for him/her to study and carry out homework assignments, revision and examination preparation without interruption, and suggesting a set time/s for carrying out homework assignments to fit in with his/her weekly routine.

Cancellation of a Scheduled Session: If you need to cancel a tutoring session for any reason, please do so outside of 72 hours as it impacts the livelihood of your tutor and they need time to find another paying customer for their schedule. Any cancellations within 72 hours will incur a £20 charge, and any cancellations within 24 hours of the scheduled session will incur the full amount of the agreed session fee, unless you rearrange your session time directly with your tutor. If you persistently cancel tutoring sessions, we will consider you are no longer committed to our tutoring services and will seek another pupil for our tutor’s timetable.

Your tutor has the right to cancel their session for emergency or valid last-minute reasons; however, please contact hello@miniteaching.com to make a complaint if you feel their reasons are ‘unprofessional.’

I have read and understood the Tutoring Agreement and wish to commence tuition with the referral services provided by Andrew John Paterson.