Terms and Conditions
WHEREAS, Agency is engaged in the business of providing educational services, including academic consulting services, and tutoring and lessons in various subjects;
AND WHEREAS, Agency is an experienced and qualified provider of educational services.
IN CONSIDERATION of the mutual promises and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Client hires Agency, and Agency agrees to provide academic consultants and academic consulting services, and/or tutors and tutoring services to Client, as applicable, on the following terms and conditions:
Agency shall provide educational services to the students who have sought initial consultations.
2.1 Client shall pay Agency fees based on schedule of fees provided to client in initial email, as applicable. In exceptional circumstances, further fees may be charged for travelling or preparation time or late request services (as determined in Agency’s discretion), in which case Agency shall inform Client prior to incurring such additional charges. Client shall be invoiced after the fifteenth (15th) day of and at the end of each month. Fees may be adjusted from time to time and shall become effective after having given Client a minimum of thirty (30) days written notice of any change in the hourly rates.
2.2 Agency may from time to time recommend educational, study and other materials required for the sessions. Such materials shall be purchased by Client and are not included in the regular fees.
2.3 Payments shall be made by cash, check, or another form of payment approved by Agency. All payments shall be made to Agency at the address given on the face of this Agreement, or such other address as Agency may from time to time designate in writing.
3.1 If Client does not make a payment within fourteen (14) days of the date of any invoice received, interest shall be charged on the amount of the late payment at a rate of six percent (6%) per annum. Where Client has failed to make the required payments for two (2) consecutive invoices, Agency reserves the right to suspend all future scheduled sessions until such payments are received. Once payment has been received in full by Agency, the sessions may be resumed.
4.1 Fees are calculated according to the scheduled session times, and no adjustment shall be made for time lost because of late start or late arrival by the Client. All sessions shall end at the regularly scheduled time.
4.2 Any lost time because of the late arrival of the consultant/tutor shall be compensated for by extending or rescheduling a session by mutual agreement and by such amount of time that was lost.
Cancellation / Rescheduling of Sessions
5.1 Client may cancel a session by giving the Agency’s scheduled consultant/tutor a minimum of twenty-four (24) hours notice in which case no session fees shall be incurred. Lessons not attended by the Client without giving twenty-four (24) hours prior notice to the scheduled consultant/tutor shall be charged at the full rate for the scheduled amount of time. The cancelled session may be rescheduled if timing permits it, at Agency’s sole discretion.
5.2 Agency or its scheduled consultant/tutor may cancel a session by giving twenty-four (24) hours notice in which case no session fees shall be incurred. Where the scheduled consultant/tutor is unable to attend a scheduled session and unable to provide twenty-four (24) hours prior notice to Client due to exceptional circumstances (including, but not limited to, extraordinary weather or traffic conditions, unexpected illness, or other health or safety emergencies), Agency shall endeavour to provide another of its qualified consultants/tutors to attend the scheduled session. In all cases where Agency or its scheduled consultant/tutor cancels a session, it shall endeavour to reschedule the session as soon as conveniently possible at a time agreeable to both parties.
Work Product and Indemnification
6.1 Where Client retains Agency to prepare an admissions application, Agency shall use its knowledge, processes, techniques and methods to create a unique and personalized “package”/”profile” that Agency in its expertise judges to best present and distinguish the student in the admissions process (the “Work Product”). Client agrees and acknowledges that creation of the Work Product is an extensive and involved process, and that Agency shall retain copyright in and control of the Work Product until the sooner of the completion of the Work Product, or the termination of this Agreement., whereupon copyright in and control of the Work Product shall pass to Client. While Agency has experienced a high success rate with students gaining admission to their schools of choice, Client agrees and acknowledges that various factors in connection with the admissions process, including but not limited to individual performance on student interviews and exams, are beyond the control of Agency, and Client agrees to indemnify and hold Agency harmless for results that do not satisfy Client’s expectations. In particular, Agency makes no guarantees regarding any unfinished Work Product, or where Client alters or modifies the Work Product without the knowledge of Agency or against the advice of Agency. Furthermore, Agency specifically retains the right to disclaim its association with any incomplete, altered or modified Work Product.
6.2 Where Client retains Agency for tutoring services, Agency shall use its knowledge, processes, techniques and methods to create personalized educational plans and services to meet the specific needs of the student. While Agency has experienced a high success rate in improving student performance and examination results, Client agrees and acknowledges that various factors in connection with academic and exam performance, including but not limited to the student’s investment of time and effort needed to achieve academic goals, are beyond the control of Agency, and Client agrees to indemnify and hold Agency harmless for any academic or exam results that do not satisfy Client’s expectations. In particular, Agency makes no guarantees regarding the student’s academic improvement or exam performance where the student has not followed the recommendations of Agency or its tutors with respect to an educational plan, or where student has failed to complete necessary or recommended assignments, exercises or homework.
Responsibilities of Student
7.1 The student shall adhere to the schedule as agreed to with the Agency’s consultant/tutor.
7.2 The student shall make every effort to start or arrive on time for each scheduled session.
7.3 The student shall attend each session with the appropriate and necessary materials, including books, notebooks, writing utensils, and syllabus.
7.4 The student shall read and make his or her best effort to complete any materials and homework assigned or recommended at the last session before arriving at or starting the current session.
7.5 The student shall participate actively in each session by asking questions and sharing information with the consultant/tutor.
7.6 The student shall not expect the tutor to complete the student’s homework or assignments for him or her.
7.7 The student shall be courteous and respectful to the consultant/tutor.
Rights of Student
8.1 Agency is committed to providing its students with high quality services tailored to meet the specific needs of the individual student. Should the student wish to work with a specific consultant/tutor, or desire a change in his or her current consultant/tutor, Client may request from Agency at any time during the term of this Agreement an alternative consultant/tutor by giving Agency a minimum of seven (7) days notice, and Agency shall use its best efforts to endeavour to provide the requested or alternative qualified consultant/tutor to work with the student.
Responsibilities of Agency
9.1 Agency’s consultant/tutor shall adhere to the schedule as agreed to with the student.
9.2 Agency’s consultant/tutor shall make every effort to arrive on time for each scheduled session.
9.3 Agency’s consultant/tutor shall bring materials, such as forms or assignments, as needed for the sessions.
9.4 Agency’s consultant/tutor shall provide a supportive and encouraging learning environment.
9.5 Agency’s consultant/tutor shall be courteous and respectful to the student.
10.1 Either party may terminate this Agreement by providing the other party with fourteen (14) days written notice, in accordance with section 11.7 of this Agreement. Should Client provide less than fourteen (14) days written notice to Agency, Client shall be billed for all pre-scheduled sessions remaining in the required notice period. Client remains responsible for paying the final invoice amount, even after termination of this Agreement.
10.2 Agency reserves the right to terminate this Agreement with less than fourteen (14) days prior written notice to Client upon the occurrence of any the following:
the student misses more than four (4) consecutive sessions, without providing Agency’s consultant/tutor with sufficient prior notice;
the student consistently disregards Agency’s tutor’s advice with respect to a personalized educational plan, and/or consistently fails to complete materials and homework assigned by either the student’s school or the Agency’s tutor;
the student consistently disregards Agency’s consultant’s advice with respect to an admissions application, and/or attempts to inappropriately control, alter or modify an incomplete Work Product, as determined in the sole discretion of Agency;
the student behaves disrespectfully, inappropriately, or abusively towards the Agency’s consultant/tutor; or
Client has failed to make the required payments for more than two (2) consecutive invoices, or has made more than four (4) late payments in any one (1) year period.
In the event of a termination by Agency under this section 10.2, Client shall be billed for all pre-scheduled sessions remaining in the invoice period. Client remains responsible for paying the final invoice amount, even after termination of this Agreement. No refund shall be given to Client for any remaining sessions that have already been paid for.
10.3 This Agreement shall terminate automatically where Agency has not provided any educational services to Client for a period of one (1) year. Client remains responsible for paying any outstanding invoice amount, even after termination under this section 10.3.
11.1 This Agreement constitutes the entire agreement, whether written or verbal, between the parties with respect to the subject matter hereof, and replaces any previous agreement, and shall not be supplemented, modified, or amended except in writing with the agreement of Agency.
11.2 Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
11.3 Time shall be of the essence of this Agreement and no extension or variation of this Agreement shall operate as a waiver of this provision.
11.4 No waiver of any provision of this Agreement shall be deemed a waiver of any other provision.
11.5 If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, in whole or in part, for any reason, the remainder of the provisions of this Agreement shall remain in full force and effect, and shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein.
11.6 Agency reserves the right to update or modify, from time to time, the provisions of this Agreement, in which case it shall provide Client thirty (30) days written notice in advance of such updates, and shall provide Client with a complete and current version of the updated agreement. Client’s continued use of Agency’s educational services following receipt of any updated agreement is deemed to be acceptance of such update(s) or modification(s).
11.7 Any notice required to be given under this Agreement shall be given in writing and shall be deemed sufficient if given by:
delivery in person;
a nationally recognized next-day courier service;
first class, registered or certified mail, postage prepaid; or
to the address of the party specified in this Agreement or such other addresses as either party may specify in writing. Notice so given shall be effective upon receipt by the party to which notice is given, or on the fifth (5th) day following mailing, whichever occurs first.
11.8 Client may not assign its rights or obligations under this Agreement without the prior written consent of Agency.
11.9 This Agreement shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors, permitted assigns and legal representatives.
11.10 This Agreement shall be governed by and construed in accordance with the laws of the province of British Columbia, and the laws of Canada applicable therein. Any legal actions, claims, or demands shall be handled in a court of competent jurisdiction within the province of British Columbia.
11.12 It is expressly understood that Client retains the services of Agency as an independent contractor. Nothing contained in this Agreement shall give rise to an employer-employee relationship between Client and Agency or Agency’s consultants and tutors.
11.13 This Agreement may be executed in several counterparts, each of which so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument.