2016/17 FOUNDATION COURSE (MARCH 2016)

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THE PROVISION

1. Sir Tailor Master Tutor Ltd will provide tuition and the use of resources in English, mathematics and shape in preparation for 11+ Course. 30 sessions are planned. We may make changes to the course content and structure at our discretion.

2. 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 pleasant, calm and collaborative atmosphere, so please respect the right of staff and pupils to work free from any sort of disruptive, disrespectful, intimidating, abusive or aggressive behaviour. In order to protect the well-being of others, such behaviour by parent or pupil may result in the removal of the child from the course. Your support is appreciated.

3. The Learning Coach (tutor) does some marking and recording. Parents (or applicants) are required to do marking and recording of some work that is set for completion at home.

4. All resources (materials, equipment and online resources) provided by us are for the sole use of the pupil who is subscribed to the course. Sharing or copying of resources is strictly prohibited.

5. All resources (materials, equipment and online resources) provided by us remain property of Sir Tailor Master Tutor Ltd 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.

6. Later joiners to the course and early leavers are entitled only to the resources (materials, equipment and online resources) issued during the part of the course that they are subscribed to and only whilst they are subscribed to the course.

7. Your application is for the course and not a particular tutor. Requests for or against particular tutors or tutors of a particular sex will not be considered.

PAYMENT

  All monetary amounts are inclusive of VAT at the standard rate.

8. The total course subscription fee payable is £1,872. The use of equipment and materials (paper, online, and publications) is included in this. Pro rata fees are payable by late joiners and early leavers. Omission or non-attendance for any reason during the period of subscription does not entitle the applicant to a reduction in the fee payable.

9. Late joiners can have access to online resources from the start of the course at a charge of £5 per session missed.

10. A deposit of £180 is payable with the application. This deposit is additional to the course fee and it is refundable after leaving the course and the deduction of any debts.

11. The payment schedule will be made so that payment is completed by 10th July 2017. The monthly payment is to be received no later than the 10th of each month.

12. If a payment is not received in full when due (i.e. in accordance with the payment schedule) on 7 days written notice the pupil's access to the course may be partly or fully suspended until payments are brought back on schedule. A pupil may be removed from the course for persistent erratic payment or non-payment.

13. A 10% surcharge will apply to any payment still outstanding after 10th July 2017 and you will be liable for all costs incurred by us in recovering a debt from you.

14. Rewards apply only to pupils who complete the whole course and are fully paid up by 10th July 2017. Late joiners and early leavers are not eligible for any rewards. Final Statements will be sent by 31st Aug 2017, and any rewards as soon as possible thereafter.

Reward category Amount Qualification criteria
Loyalty £50 Sibling of pupil completed more than 50% of our 11+ Course.
Priority booking £50 Both the application form and deposit are received by 3rd Apr 2016.
Full payment up front £50 Full payment of £1,872 is received on or before 1st Oct 2016.

15. Leaving the course early. You may end your subscription to the course at any stage after submitting the application form by emailing 3 lessons notice to Office@ElevenPlusTutor.org.uk. You are liable for fees (calculated pro rata) up to the end of your notice period and will not be eligible for any rewards. Your notice period begins the lesson after the day that your email notice is received. If a pupil stops attending without email notice having been received, your notice period will begin after the final attendance.

INTELLECTUAL PROPERTY RIGHTS

16.1 In this clause:

a) "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

b) "Supplier Materials" means all materials, equipment, documents and other property of Sir Tailor Master Tutor Ltd.

16.2 All Intellectual Property Rights in or arising out of or in connection with the services provided by Sir Tailor Master Tutor Ltd to you shall be owned by Sir Tailor Master Tutor Ltd.

16.3 You acknowledge that, in respect of any third party Intellectual Property Rights, your use of any such Intellectual Property Rights is conditional on Sir Tailor Master Tutor Ltd obtaining a written licence from the relevant licensor on such terms as will entitle Sir Tailor Master Tutor Ltd to license such rights to you.

16.4 All Supplier Materials are the exclusive property of Sir Tailor Master Tutor Ltd.

LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

17.1 Nothing in the contract shall limit or exclude Sir Tailor Master Tutor Ltd's liability for:

a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

b) fraud or fraudulent misrepresentation; or

c) 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.

17.2 Subject to clause 19.1, Sir 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:

a) loss of profits;

b) loss of sales or business;

c) loss of agreements or contracts;

d) loss of anticipated savings;

e) loss of use or corruption of software, data or information;

f) loss of damage to goodwill; and

g) any indirect or consequential loss.

17.3 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.

17.4 This clause 17 shall survive termination of the contract.

CONSUMER CONTRACTS REGULATIONS 2013

18.1 If we have not met you in person (i.e. a "distance" contract is entered into) and the contract was entered into on or after 14 June 2014, you have the right to cancel this contract within 14 calendar days of entering into this contract without giving any reason.

18.2 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).

18.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

18.4 If you cancel this contract, we will reimburse to you all payments received from you (subject to the below clause 18.6).

18.5 We will make the reimbursement without undue delay, and not later than 14 days providing you have returned any documents as required. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

18.6 If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract together with any disbursements incurred and VAT payable.

THIRD PARTIES

19. No one other than a party to the contract shall have any right to enforce any of its terms.

GOVERNING LAW

20. 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.

JURISDICTION

21. 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.

All monetary amounts are inclusive of VAT at the standard rate.