2017/18 11+ COURSE (MARCH 2017)

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The terms below form the entire agreement between S'ir Tailor Master Tutor Limited and the applicant. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

PROVISION

1.1 S'ir Tailor Master Tutor Ltd (us, we, the company) will provide tuition and the use of resources in preparation for 11+ tests in verbal reasoning/English (including creative writing), mathematics/numerical reasoning and non-verbal reasoning.

1.2 We may make changes to the course content and structure at our discretion. 35 sessions are currently scheduled from September 2017 to September 2018.

MONEY-BACK GUARANTEE

2. We are earnest in what we do and have faith in the effectiveness of our work. We back this up with a money-back guarantee for those who fulfil their part. These are the full terms of money-back guarantee. Fulfilling the following 4 conditions will qualify you for a credit of £300 on your Final Statement (see term 7).

i) Attendance and work The pupil must (a) attend all sessions [35 are currently scheduled] of the 11+ Course; and (b) complete all given work [paper, online and videos], including corrections, by the given deadlines. All work done on paper must be retained for possible inspection until 31st December 2018.

ii) Pay on time All payments must be received in full by us by the given deadlines.

iii) Sit and fail The pupil must complete the 11+ tests for Buckinghamshire and all the Slough area grammar schools [Herschel, Langley, St Bernard’s Catholic, and Upton Court] in the main sitting [i.e. not in a delayed sitting] without attaining a score that makes them eligible to be considered for a place.

iv) Results and deadline Copies of result letters for Buckinghamshire and for the Slough area grammar schools must be received by us on or before 2nd Nov 2018. Any pupil for whom the two required result letters have not been received by this deadline, for any reason, will not be eligible to be considered for the money-back guarantee.

COURSE TUTOR, LEARNING COACH, AND HOMEWORK

3.1 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.

3.2 Requests will not be considered for or against particular LCs, or LCs of a particular sex, ethnicity, accent, or religion.

3.3 The company may rotate or change the LC for any group at any point at its discretion. The continuity is in the pupil, the learning, and the course.

3.4 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.

RESOURCES

4.1 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.

4.2 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.

4.3 Late joiners to the course and early leavers are entitled 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.

4.4 Consumable items, such as pencils and highlighter pens, are to be replaced by applicant at their own expense.

4.5 The applicant will be liable for the cost of any lost or damaged item replaced by us.

ATMOSPHERE

5.1 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 supportive, pleasant, calm and collaborative atmosphere.

5.2 Pupils and parents/guardians are to respect the right of staff and pupils to work free from undermining, anxiety-mongering, disruptive, disrespectful, intimidating, abusive or aggressive behaviour.

5.3 Following behaviour by parent/guardian or pupil such as those described at 5.2, we may remove the child from the course in order to protect the well-being of others without notice or liability.

5.4 We reserve the right to refuse or cancel any application at any time.

PAYMENT

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

6.1 The full course fee is £3,326. The use of resources (materials, equipment, and online) is included in this.

6.2 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.

6.3 Omission or non-attendance for any reason during the period of subscription does not entitle the applicant to a reduction in the fee payable.

6.4 Late joiners can have access to online resources from the start of the course at a charge of £14 per session missed.

6.5 An initial payment of £270 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 11.

6.6 The initial payment received will be deducted from the fees before your monthly instalment is calculated. The payment schedule will be made so that payment is completed by 3rd Aug 2018. The monthly instalment is to be received no later than the 3rd of each month.

6.7 If a monthly instalment is not received in full by the 3rd of that month, 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 late or erratic payment, or non-payment.

6.8 You will be liable for all costs incurred by us in recovering a debt from you.

REWARDS

7.1 Rewards apply only for pupils who complete the whole course and are fully paid up by 3rd Aug 2018. Late joiners and early leavers are not eligible for any rewards.

7.2 Final Statements will be sent by 31st Dec 2018, and any rewards as soon as possible thereafter.

Reward category Amount Qualification criteria
Loyalty £50 Older sibling of pupil was subscribed to over 50% of our 11+ Course.
Foundation Course £50 Pupil was subscribed to more than 50% of our Foundation Course.
Priority booking £50 Application form and initial payment are received by 2nd Apr 2017.
Up Front Payment £50 Full payment of £3,326 is received on or before 3rd Sep 2017.
Result letters £25 We received copies of the 11+ result letters for Buckinghamshire and the Slough Consortium on or before 2nd Nov 2018.

LEAVING THE COURSE BEFORE IT ENDS

8.1 To terminate this agreement, you must email 3 lessons’ notice to Office@ElevenPlusTutor.org.uk.

8.2 You are liable for fees, calculated pro rata, up to the end of your notice period and will not be eligible for any rewards.

8.3 You are liable for the cost of any items requested but not returned by the specified deadline.

8.4 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.

8.5 If a pupil stops attending without email notice having been received, your notice period will be at least 3 sessions and will begin after the final attendance.

8.6 If you terminate the agreement before your child attends their first lesson, you will forfeit in full the initial payment of £270 (£180 for Priority Bookings for former Foundation Course pupils), howsoever made. But see term 11.

INTELLECTUAL PROPERTY RIGHTS

9.1 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.

9.2 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.

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

LIMITATION OF LIABILITY

10.1 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.

10.2 Subject to term 10.1, 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.

10.3 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.

10.4 This clause 10 shall survive termination of the contract.

CONSUMER CONTRACTS REGULATIONS 2013

11.1 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 8.

11.2 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.

11.3 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 11.5).

11.4 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.

11.5 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.

THIRD PARTIES

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

GOVERNING LAW

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.

JURISDICTION

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.