CAPITAL TUTORING SERVICES TERMS OF SERVICE
Set out below are the Terms of Service (the “Terms”) for Capital Tutoring Services and the basis upon which services are provided to you or your child (collectively referred to you as “you”) by Capital Tutoring Services (“we/us”). The Terms form a mutual agreement between you and us that covers service expectations of all parties, our fees, the terms of our engagement and how we can communicate.
Who We Are and How We Work
We are experienced educators providing academic assistance, instruction and tutoring to primary school aged children within the ACT and surrounds. We provide tailored support to students taking into account each students’ individual circumstances, learning styles and needs.
We use our tailored teaching and learning practices to enhance and improve students’ academic performance and understanding of content in the subjects in which we are providing tuition.
Before commencing tutoring, we will arrange an initial phone call with you to discuss your goals and the goals of your child. It is important that any goals we are working toward are realistic. During this discussion, we can provide some guidance as to the recommended frequency and duration of tutoring and areas of focus, depending on your child’s academic needs.
We offer tutoring on a pay by the term basis, or on a pay as you go basis. Fees for our Services are discussed further under the section titled ‘Fees’.
Tutoring will be in an agreed public location (for example a library), delivered online or will be at a student’s home. The conditions relating to the location of sessions are as follows:
- If tutoring takes place in a public setting, we take no responsibility for the safety of your child. It is recommended that you remain in the general vicinity of the tutoring session;
- If tutoring is online, it is a strict condition of our Service that a parent be present in the room with the child;
- If tutoring is at the child’s home, the tutoring sessions are to take place in a shared space (e.g. not a bedroom or separate study) and a parent must be generally present in the home.
There can be no guarantee in relation to the outcome of tutoring or the academic growth of a student, but we aim to improve academic performance where possible by deepening the student’s understanding of subject content. Throughout the duration of tuition, we will provide you with updates about whether the goals are likely to be achievable and whether they are realistic.
We will be available to provide lessons at the time we agree with you. We will undertake all required preparation prior to the lessons and structure lessons to best benefit each student. We will participate fully and professionally in all tutoring sessions. We will use resources available to us for the best educational outcome for our students.
We will not complete homework or assignments on behalf of students but may provide guidance in completing such tasks.
We will provide you with progress reports from time to time. If Services are engaged for a Term, formal feedback on progress and/or recommended areas to further target will be provided after every five sessions.
You need to provide as much information to us as possible to enable us to provide tailored support to your child. This includes any diagnosed learning, cognitive or behavioural issues (for example, ADHD, autism spectrum disorder etc.). In our experience, suspected difficulties are unhelpful without a formal diagnosis. If you believe your child may be suffering from a cognitive or learning difficulty, it is important that you seek and obtain appropriate medical care for them to maximise their well-being as well as the achievable outcomes of tutoring.
You must ensure that all materials are provided to enable us to work effectively with your child. For example, your child’s textbooks and/or workbooks should be provided so that we can understand what is being taught and can see examples of your child’s work. You are to ensure that your child, where required (and particularly during online sessions), has a computer connected to internet to use during sessions.
You warrant that:
- any information you provide us about your family or your child will be accurate, correct and up to date. If any of that information changes, you need to provide us with updated information.
- You will pay fees as outlined below (under the heading of ‘Fees’).
- You will at all times comply with these Terms.
- You and your family will always engage with us in a professional and courteous manner. We may at our discretion withdraw, suspend or terminate your access to our services if you engage with us in a manner that we deem to be unprofessional or discourteous, or if you breach any part of these Terms of Service.
- You understand that academic improvement cannot be guaranteed by any tutor and you will accept our recommendations regarding your child’s limitations and what their achievable goals may be while using our service.
When engaging with our service, you are agreeing to pay our fees as and when they fall due. If you do not pay fees as required, you agree to us engaging with debt collectors (at your cost) to recover payment of those fees.
Our fees options are as follows:
- Pay As You Go (PAYG)
- a. On a PAYG basis, fees are charged at $150 per session;
- b. Payment is due within 7 days of an invoice being issued.
- c. If more than two invoices become overdue, we will cease our Services unless an arrangement is agreed between you and us otherwise. There will be a 20% late fee incurred if the fees two (2) weeks overdue.
- Pay by the Term (PBTT):
- a. Pay by the term students will receive 10 weekly sessions of tutoring at the rate of $145.00 per session (total term cost of $1,450.00).
- b. Any additional sessions during a term will be charged at $150.00 per session, payable within 7 days of the session taking place.
- c. Payment to be made by the end of 2nd week of each term. If payment is not made within this timeframe, tuition will cease. All fees are inclusive of GST unless stated otherwise. All fees are to be paid by way of bank deposit.
When engaging with our service, you are agreeing to the cancellation policy outlined below. We may from time to time agree to amend this policy, but this will be at our absolute discretion and is on a without prejudice basis.
If you are engaged with us on a PAYG basis:
- You must provide at least 48 hours’ notice for cancellation of a session. If you cancel with less than 48 hours’ notice, you will be required to pay 50% of the fee for the cancelled session.
- If not notified, or less than 8 hours notice is given of a child not attending a session, the full fee for the session/s missed will be charged.
- If the tutor providing the services is unwell and unable to attend a scheduled session, you will not be charged for the missed session.
If you are engaged on a PBTT basis:
- Provided you have provided 48 hours’ notice, we will provide up to two make up tuition sessions per term. If three or more sessions are cancelled, we may provide make up sessions but this will be at our absolute discretion.
- If not notified, or less than 8 hours notice is given of a child not attending a session, the full fee for the session/s missed will be charged. No make up session will be provided.
- If we are unwell and unable to proceed with a scheduled tutoring session, we will provide a make-up session at an agreed time.
Cancellation/non-attendance fees must be paid that day via bank deposit.
- PAYG: 20% late fees will be charged to all payments over two (2) weeks overdue.
- PBTT: Please note that students are expected to attend sessions until the end of the term for which they are enrolled. Cancellations of enrolments before this time will incur a fee of 50% for all remaining sessions of that term.
- Please ensure your child arrives on time, as time missed due to lateness cannot be made up. Sessions may be rescheduled upon agreement without penalty. However, if an alternative session is not agreed before the originally scheduled session, it will be deemed to have been cancelled.
We take our safety and the safety of you and your family seriously. To avoid a situation where we are placing any person at a risk of becoming unwell, you must advise if:
- You or anybody in your family has been diagnosed with COVID-19 in the 14 days leading up to any tutoring session; and
- You or anybody in your family has exhibited any symptoms of COVID-19 within 48 hours of any tutoring session. If you notify us of any risk of COVID-19 as outlined above, we may at our sole discretion arrange for any scheduled face-to-face sessions to occur online instead and/or may require students to wear face masks or engage in social distancing. You cannot complain about any decision we make in this regard.
Your Family’s Safety
We are committed to applying the highest ethical standards in engaging with children. We will take all reasonable steps to safeguard the interests, rights and well-being of the children we work with, including online.
Any staff hired by us will be appropriately recruited and screened. At all times that we are providing Services, all staff working with children will hold relevant qualifications and a valid working with children check.
Our guidelines will be reviewed and updated as appropriate, ensuring that at all times they accurately reflect appropriate child safe recruitment and screening standards. We will request for those seeking to work for us to disclose any prior child exploitation offences or criminal history and will conduct verbal referee checks
Any sessions we undertake online will be with a reputable platform agreed between us (for example, Microsoft Teams or Zoom). As outlined above, all sessions occurring online or at the child’s home will involve a parent or guardian being present. If it becomes evident during a session that a parent or guardian is not present, we reserve the right to terminate the session immediately. If we terminate any sessions under this provision, you will still be required to pay for the session.
In accepting these Terms of Service, you accept that we are required by law to make mandated reports. This means that we will immediately report any suspected or alleged instances of child grooming, exploitation, abuse or harm. This is a legal requirement, and you may not complain about any mandated reports made by us.
Exclusion and limitation of liability
Other than as expressly stated by us or required by Law, we make no representations or warranties of any kind, express or implied, regarding the information, content, material or quality of the tutorial services provided by us. Likewise, we make no representations or warranties in relation to the academic performance of a student and you accept when engaging us that your child’s academic performance may not improve as a result of our tutoring
Subject to any rights you have under any consumer protection law, we exclude to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions.
Where any Law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by Law.
Without limiting the foregoing, to the extent permitted by Law, our liability for any claim will at all times be limited to supplying you the tutoring Services again.
You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we have no responsibility for the legality of your actions.
You will at all times indemnify us, and us keep indemnified from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms and Conditions.
Amending these Terms of Service
We reserve the right to amend these Terms of Service from time to time and you should check them regularly. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time when a lesson is booked are those that govern your relationship with us with respect to that lesson.
If you do not understand any of the terms of this document or if you have any queries about these terms, please contact us to discuss.
Intellectual Property Rights
Our Services are protected by intellectual property Laws. You cannot record, store, copy, reproduce, publish, alter, adapt, distribute, print, display, transmit or commercialise in any form or by any means in whole or part any of our sessions or any material provided by us without our prior written consent.
We reserve the right to, at our discretion, terminate these Terms and Conditions and your access to and use of the Services at any time. The exclusions and limitations of liability made by us in these Terms and Condition will survive termination or suspension of your access to the Services.
Notices may be sent and received by way of electronic mail. Our best email address is email@example.com.
If any provision(s) of these Terms shall be determined to be invalid and not enforceable in accordance with its terms, the provisions which are self-sustaining and capable of separate enforcement without regard to the invalid provision(s) shall be and continue to be valid and enforceable in accordance with their terms.
Any failure or delay by us to exercise a power or right under these Terms does not constitute as a waiver of that power or right. Us exercising a power or right does not preclude us exercising that power or right in the future.