The terms below form the entire agreement between S’ir Tailor Master Tutor Limited (us, we, our, the company) and the applicant, usually the parent or guardian, (you, your). The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
THE SIR TAILOR FOUNDATION COURSE
1.1 We will provide tuition and the use of resources, primarily for the learning of English, mathematics and shapes, in preparation for the Sir Tailor 11+ Course.
1.2 We may make changes to the course content and structure at our discretion. 30 sessions are currently scheduled from September 2018 to July 2019. Any sessions arranged in addition to this are not included in the course fee.
COURSE TUTOR, LEARNING COACH, AND HOMEWORK
2.1 Mr Tailor is the COURSE TUTOR responsible for the content, structure, and resources for the course, whilst each lesson is facilitated by a LEARNING COACH (LC) authorised by the company. The majority of the topics are taught by Mr Tailor via video and reinforced in lessons by the LC and other course resources.
2.2 Requests will not be considered for or against particular LCs, including LCs of a particular sex, ethnicity, personality, accent, or religion.
2.3 The company may rotate or change the LC for any group at any point without notice at its discretion, the continuity being in the pupil, the learning, the Course Tutor, and the course.
2.4 The LC does some marking and recording. Parents are required to do marking and recording of some work that is set for completion at home.
3.1 All resources (materials, equipment, and online resources) provided by us are for the sole use of the pupil who is subscribed to the course, and only whilst they are subscribed to the course. Sharing or copying of resources is strictly prohibited.
3.2 All resources provided by us remain property of the company except items specifically marked as non-returnable. You may be asked to return some items when leaving the course. A charge will be made for any such items not returned when requested.
3.3 Late joiners to the course and early leavers are entitled access only to the resources issued during the part of the course that they are subscribed to, and only whilst they are subscribed to the course.
3.4 Consumable items, such as pencils and highlighter pens, are to be replaced by the applicant at their own expense.
3.5 The applicant will be liable for the cost of any lost or damaged item replaced by us.
4.1 We take pride in helping your child to learn and in guiding you in how to support this. This is most effective when our pupils and staff are allowed to work in a mutually supportive, pleasant, constructive, calm and collaborative atmosphere.
4.2 Pupils and parents/guardians are to respect the right of staff and pupils to work free from behaviour that they find to be undermining, anxiety-mongering, disruptive, disrespectful, intimidating, abusive or aggressive.
4.3 Following behaviour by parent/guardian or pupil such as those described at 4.2, we may remove the pupil concerned from the course in order to protect the well-being of others without notice or liability.
4.4 We reserve the right to refuse or cancel any application at any time as we deem appropriate. We may cancel unviable slots without notice or liability and additional slots may be arranged as required.
PAYMENT All monetary amounts are inclusive of VAT at the standard rate.
5.1 The full course fee is £1,985. The use of resources (materials, equipment, and online) is included in this.
5.2 Late joiners and early leavers are liable for pro rata fees. This means that they are liable for a fraction of the full course fee that is equal to the fraction of the sessions that they are subscribed to.
5.3 Omission or non-attendance for any reason during the period of subscription does not entitle the applicant to a reduction in the fee payable.
5.4 Late joiners can have access to teaching videos from the start of the course at a charge of £4 per video. You may purchase access to either all the missed videos or none, not a selection.
5.5 A deposit of £210 is payable at the time of application and is non-refundable in the event of the applicant cancelling their application for any reason except as per term 10.
5.6 This deposit is additional to the course fee and it is refundable only after leaving the course and the deduction of any debts or charges.
5.7 This deposit can be transferred towards the 11+ Course provided that the fees for the Foundation Course are fully paid when due.
5.8 The payment schedule will be made so that payment is completed by 10th June 2019. The monthly instalment is to be received no later than the 10th of each month or, if the 10th is not a working day, the the next working day after that.
5.9 If a monthly instalment is not received in full by the given deadline, access to the course may immediately be partly or fully suspended until payments are brought back on schedule.
5.10 Repeated failure to honour payment deadlines may result in the facility to pay in instalments being withdrawn and/or your formal notice of termination to be deemed to have been given. See also term 7.6.
5.11 You will be liable for all costs incurred by us in recovering a debt from you.
6.1 Rewards apply only for pupils who complete the whole course and are fully paid up by 10th June 2019. Late joiners and early leavers are not eligible for rewards.
6.2 Final Statements will be sent by 31st Aug 2019, and any rewards as soon as possible thereafter.
Older sibling of pupil was subscribed to over 50% of our 11+ Course.
Application form and initial payment are received by 2nd Apr 2018.
Up Front Payment
Full payment of £1,985 is received on or before 10th Oct 2018.
NOTICE OF TERMINATION BY YOU
7.1 To terminate this agreement, you must email 3 lessons’ notice to Office@ElevenPlusTutor.org.uk.
7.2 Your notice period begins the lesson after the day that your email notice is received. This means that any lesson on the day that your notice email is received will not be part of your notice period.
7.3 You are liable for fees, calculated pro rata, up to the end of your notice period and will not be eligible for any rewards.
7.4 You are liable for the cost of any items requested but not returned by the specified deadline.
7.5 If a pupil stops attending without email notice having been received you will be deemed to have given notice after the final attendance, so your notice period will be 3 sessions after the final attendance.
7.6 Repeated failure to honour payment deadlines may, at the discretion of the Company, be deemed notice of termination. You would then be liable for 3 lessons' notice from the payment default. See also term 5.10.
7.7 If you terminate the agreement before your child attends their first lesson, you will forfeit in full the initial payment of £210. But see term 10.
INTELLECTUAL PROPERTY RIGHTS
8.1 In this clause:
i) “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world; and
ii) “Supplier Materials” means all materials, equipment, documents and other property of S’ir Tailor Master Tutor Ltd.
8.2 All Intellectual Property Rights in or arising out of or in connection with the services provided by S’ir Tailor Master Tutor Ltd to you shall be owned by S’ir Tailor Master Tutor Ltd.
8.3 All Supplier Materials are the exclusive property of S’ir Tailor Master Tutor Ltd.
LIMITATION OF LIABILITY
9.1 Nothing in the contract shall limit or exclude S’ir Tailor Master Tutor Ltd’s liability for:
i) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
ii) fraud or fraudulent misrepresentation; or
iii) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
9.2 Subject to term 9.1, S’ir Tailor Master Tutor Ltd shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the contract for:
i) loss of profits;
ii) loss of sales or business;
iii) loss of agreements or contracts;
iv) loss of anticipated savings;
v) loss of use or corruption of software, data or information;
vi) loss of damage to goodwill; and
vii) any indirect or consequential loss.
9.3 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the contract.
9.4 This clause 9 shall survive termination of the contract.
CONSUMER CONTRACTS REGULATIONS 2013
10.1 You have the right to cancel this contract within 14 calendar days of entering into this contract without giving any reason. Thereafter, it will be treated as termination of the contract under term 7.
10.2 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear email to Office@ElevenPlusTutor.org.uk. We must receive your email within 14 days after the date of application.
10.3 If you cancel this contract within 14 days of entering into it, we will reimburse to you all payments received from you, subject to the below clause 10.5.
10.4 We will refund any overpayment without undue delay, and not later than 14 days providing you have returned any resources as required. We will make any refund using the same means of payment as you used for the initial transaction, unless you and we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
10.5 If you have begun using the services during the cancellation period, you will be liable for pro rata fees. If any returnable resources are not returned when due, you will be liable for their cost.
11.1 You consent to our using personal data that you supply in order to provide our services and keep you informed about products, services and information we provide relevant to 11+ testing.
11.2 You consent to our storing your personal data in hard or electronic form for the purposes stated in 11.1.
11.3 We will not provide your personal data to any third party unless bound to do so by law.
12. No one other than a party to the contract shall have any right to enforce any of its terms.
13. The contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
14. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the contract or its subject matter or formation.