TERMS AND CONDITIONS FOR THE 2020/21 FOUNDATION COURSE: DISTANCE LEARNING (FC DLC)
(29 APRIL 2020)
The terms below form the entire agreement between S’ir Tailor Master Tutor Limited and the applicant (usually the parent or guardian). The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
1. THE SIR TAILOR DISTANCE LEARNING FOUNDATION COURSE:
1.1 S’ir Tailor Master Tutor Ltd (us, we, our, the company) will provide tuition and the use of resources in preparation for the 11+ Course, including in English/Verbal Reasoning, Mathematics/Numerical Reasoning and Non-Verbal Reasoning.
1.2 We may make changes to the course content and structure at our discretion. As part of the course, 30 sessions are currently scheduled from September 2020 to July 2021. Any sessions arranged in addition to this are not included in the course fee.
2. SPACE SAVER
2.1 This term is left blank in order for the numbering of terms to correspond with that for our other courses.
3. GROWTH MINDSET AND SUPPORTIVE ETHOS
3.1 The course is designed to be a positive, though challenging, learning experience for parents as well as pupils. It is important that pupils and parents exercise a Growth Mindset in relation to preparations towards 11+ and work to minimise elements of a fixed mindset.
3.2 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 an atmosphere that is mutually supportive, pleasant, constructive, calm and collaborative.
3.3 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. This includes your treatment of your own child.
3.4 Following behaviour by parent/guardian or pupil such as those described at 3.3 we may, in order to protect the well-being of others, and without notice or liability, take reasonable action to preclude the opportunity for the offender to repeat such behaviours. For this purpose, the refusal of all further contact with the offender and/or removal from the course are deemed reasonable.
4. COURSE TUTOR AND LEARNING COACH (LC)
4.1 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) qualified and authorised by Mr Tailor. The majority of the topics are taught by Mr Tailor via video. The learning is reinforced by the LC during lessons, where substantial time is allocated for helping children with their queries.
4.2 Requests will not be considered for or against particular LCs for any reason, including LCs of a particular sex, ethnicity, personality, accent, or religion.
4.3 The company may 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.
4.5 The LC normally co-ordinates the marking of class work, tests and Study Tests (STs) by children during lessons.
5. PARENTAL INVOLVEMENT
5.1 The most important role of parents within the programme is to model and nurture sound Mind Management, a Growth Mindset, a healthy perspective on education, and a supportive ethos.
5.2 Logistically, parents are required to support their children in managing and organising their time, effort, resources and tasks at home in such a way as to enable them to complete their work in good time, in accordance with the requirements of the course, and to the best of their abilities.
5.3 Of the homework set, parents are required to mark Brain Exercises and work set from publications (pubs).
5.4 Parents are to familiarise themselves with emails, videos, newsletters, books, feedback and other communications provided for their attention by us, and follow the guidance therein.
5.5 You must ensure that, for the duration of live online lessons, your child has the exclusive use of a device that allows them to participate fully. The device must have a functional microphone, speaker and camera, whether built-in or otherwise, and the device must have a steady internet connection, sufficient to allow full participation in live online lessons.
5.6 You must ensure that, for the duration of live online lessons, your child has a quiet space from which to take part that is free from disruption and distraction.
5.7 For communicating with the LC, you are to use the online feedback system designed for this purpose, and no other means.
6.1 All resources (worksheets, books, equipment, and online resources) provided by us are for the sole use of the pupil who is subscribed to the course and their parent/guardian, and only whilst they are subscribed to the course. Sharing or copying of resources is strictly prohibited.
6.2 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.
6.3 Late joiners to the course and early leavers from the course 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. Also see terms 8.5, 8.6 and 8.7.
6.4 Consumable items, such as pencils and highlighter pens, are to be replaced by the applicant at their own expense.
6.5 The applicant will be liable for the cost of any lost or damaged item replaced by us.
6.6 Only the pupil who is subscribed to the course is permitted to have access to the live online lesson.
7. SLOTS AND APPLICATION
7.1 Application for a place on the course must be made via the website and cannot be submitted without your confirming that you have read and understood these Terms and Conditions.
7.2 We reserve the right to refuse or cancel any application at any time as we deem appropriate and without giving reason. Also see term 3.4.
7.3 The list of slots we run, or plan to run, appears on the website and is subject to change without notice.
7.4 Your child is to normally attend in the slot that is allocated to them except, on each occasion, by prior email arrangement with us.
7.5 You may request to transfer your child to any slot with availability at any time by emailing us.
7.6 We may cancel or discontinue unviable slots without notice. If the slot you have booked is cancelled or discontinued, you may transfer your child to any other slot that has places.
7.7 If your child’s slot is cancelled or discontinued and you, for any reason, do not transfer your child to another slot that has availability, you will be entitled to a refund only of any unused portion of fees paid. You will not be eligible for any other payment, compensation or refund.
7.8 Additional slots may be arranged at any point as deemed appropriate by us.
7.9 You can request a transfer to the traditional Foundation Course (i.e. with classroom-based live lessons), which runs in parallel with this course, at any point. This request must be made by email to us. On accepting the transfer, which is subject to availability of places, you will become subject to the terms relating to that course.
8.1 All monetary amounts are inclusive of 20% VAT. If the VAT rate increases or decreases during the period of your subscription to the course, the change will be reflected in all charges and refunds relating to a time or period under the new VAT rate.
8.2 The full course fee is £1,398. Access to resources (materials, equipment, and online) is included in this. See term 8.12.
8.3 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.
8.4 Omission or non-attendance for any reason during the period of subscription does not entitle the applicant to a reduction in the fee payable.
8.5 Late joiners can have access to teaching and class-work videos from the start of the course at a charge of £3 per video. You may purchase access to either all the missed videos or none, not a selection.
8.6 Worksheets relating to sessions that took place prior to the start of the subscription to the course can be purchased at a charge of £9 per session.
8.7 For early leavers, access is not available to any resources issued subsequently to the expiry of their subscription to the course.
8.8 A deposit of £183 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 13.
8.9 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.
8.10 This deposit can be transferred towards the 11+ Course provided that the fees for the Foundation Course are fully paid in accordance with the payment schedule. See term 8.11.
8.11 The payment schedule will normally be made so that payment is completed in equal monthly instalments by 10th Jun 2021. Each monthly payment is to be received no later than the 10th of that month or, if the 10th is not a working day, the next working day after the 10th.
8.12 If a monthly instalment is not received in full by the deadline, from the 7th day after the missed deadline access to the course may be partly or fully suspended until payments are brought back on schedule.
8.13 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. Also see term 10.4.
8.14 You will be liable for all costs incurred by us in recovering a debt from you.
9. FINAL STATEMENTS
9.1 For a pupil who completes this course, the Final Statement will be sent by 31st Aug 2021, itemising payments due, payments received, and a final balance, including a VAT breakdown.
9.2 For a pupil who leaves the course early, the Final Statement will normally be sent within 10 working days after the Notice of Termination expires. See term 10.
10. TERMINATION OF AGREEMENT
10.1 If you wish to terminate this agreement, you must email 3 lessons’ notice to Support@ElevenPlusTutor.org.uk. If you have transferred from the (traditional, classroom-based) Foundation Course to this course, you will be liable for 4 lessons’ email notice. Also see terms 10.7.
10.2 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.
10.3 You are liable for fees, calculated pro rata (the proportion of fees corresponding the proportion of lessons), up to the end of your notice period.
10.4 We may deem you to have given notice of termination in the event of your failure to honour the payment schedule. Also see term 8.10.
10.5 You are liable for the charge for any items requested but not returned by the specified deadline. The cost of returning such items is to be borne by you.
10.6 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.
10.7 If you terminate the agreement before the start of the course, you will forfeit in full the deposit of £183, and you and your child will not be entitled to any access to the course or resources. Also see term 13.
10.8 We may terminate the agreement without notice or liability if the parent/guardian or pupil behaves in such a way as to be undermining, anxiety-mongering, disruptive, disrespectful, intimidating, abusive or aggressive towards others involved in providing or receiving the service.
10.9 If you transfer to the Foundation Course (classroom-based), you will become subject to the terms and conditions for that course from the transfer date and will no longer be subject to these terms and conditions.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 In this clause:
- “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
- “Supplier Materials” means all materials, equipment, documents and other property of S’ir Tailor Master Tutor Ltd.
11.2 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.
11.3 All Supplier Materials are the exclusive property of S’ir Tailor Master Tutor Ltd.
12. LIMITATION OF LIABILITY
12.1 Nothing in the contract shall limit or exclude S’ir Tailor Master Tutor Ltd’s liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- 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.
12.2 Subject to term 12.1, 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:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use or corruption of software, data or information;
- loss of or damage to goodwill; and
- any indirect or consequential loss.
12.3 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.
12.4 This clause 12 shall survive termination of the contract.
13. CONSUMER CONTRACTS REGULATIONS 2013
13.1 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 10.
13.2 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear email to Support@ElevenPlusTutor.org.uk. We must receive your email within 14 days after the date of application.
13.3 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 13.5.
13.4 We will refund any overpayment without undue delay, and not later than 14 days after 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.
13.5 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.
14. PERSONAL DATA
14.1 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 education.
14.2 You consent to our storing your personal data in hard or electronic form for the purposes stated in 14.1.
14.3 We will not provide your personal data to any third party except in the interests of Child Protection or as required to do so by law.
15.1 This agreement may only be varied by mutual agreement by email between you and the Director, Mr Tailor.
16. THIRD PARTIES
16.1 No one other than a party to the contract shall have any right to enforce any of its terms.
17. GOVERNING LAW
17.1 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.
18.1 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.