TERMS & CONDITIONS OF BUSINESS
1. DEFINITIONS AND INTERPRETATION
1.1 The definitions and rules of interpretation below apply in these terms and conditions (Agreement).
Centre: the premises at which the Services will be provided namely Baylis House, 115 Stoke Poges Ln, Slough SL1 3PB, UK or as notified pursuant to paragraph 3.1, including where relevant, the entire site and grounds on which the premises are located.
Session : means a two and half hour tutorial class and Sessions shall be construed accordingly.
Courses: the courses to be provided by Us as part of the Services, consisting of one or more courses in tuition including the:
- 30 Session Course: commencing between September and December consisting of 30 Sessions
- Revision Course: taking place in March and / or April
- Mock Test: taking place in May
- Course Director: the director of the Course. whose details will be provided to you at the appropriate time.
- Event Outside Our Control: is defined in paragraph 12.2
- Exam Board: including but not limited to AQA, OCR, CIE, Edexcel.
Fees: payment for the Services made in Pound Stirling which shall be agreed in writing by the parties.
Guarantee: (for year 11 Students only and where applicable) the money back guarantee document attached to this Agreement (if applicable), setting out the terms of the money back guarantee.
Services: the Course(s) to be provided by Us, which includes the provision of tutorial lessons to the Student together with any other services which We provide, or agree to provide in accordance with this Agreement.
Student: the individual attending the Course.
Tutor: the person appointed, engaged or employed by Us to provide the Services to the Student.
VAT: value added tax chargeable under English law for the time being and any similar additional tax.
We/Our/Us: GT office is at Baylis House, 115 Stoke Poges Ln, Slough SL1 3PB, UK.
Working Day: a day which is not a Saturday or a Sunday or a public holiday in England.
You/Your: the customer purchasing the Services from Us under the Contract.
1.2 Headings in this Agreement will not affect their interpretation.
1.3 The Schedules form part of this Agreement and shall have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the Schedules.
1.4 Words in the singular include the plural (and vice versa), and a reference to one gender includes a reference to the other gender.
1.5 Any obligation in this Agreement on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done. Any obligation in this Agreement on You will include, without limitation and where relevant, an obligation on You to ensure that the Student also complies with that obligation.
1.6 References to paragraphs and Schedules are to the paragraphs and Schedules of this Agreement.
2. YOUR AGREEMENT TO THESE TERMS
2.1 On confirmation of your instructions, We will send you a copy of this Agreement, which you should sign and return to Us at Baylis House, 115 Stoke Poges Ln, Slough SL1 3PB, UK
2.2 In the absence of Us receiving the signed Agreement in accordance with paragraph 2.1, your continued instructions, or any steps taken by you in accordance with this Agreement, shall constitute your acceptance to the terms of this Agreement.
3. PROVISION OF THE SERVICES
3.1 We reserve the right from time to time to change the Centre where the Course is to take place, by substituting it with another Centre, located within a reasonable distance from the Centre. If this becomes necessary, We will give You as much notice as possible of such change and will endeavour to discuss the change with You.
3.2 Unless We agree in advance and in writing, only the Student that was initially booked to attend the Course will be permitted to attend the Course, and the right to attend the Course may not be transferred or assigned to any other person.
3.3 Whilst We will always use Our reasonable endeavours to place the Student in a Session containing students of a similar, year group, level and ability, there may be occasions when Sessions contain students of mixed year groups, levels and abilities. Should we place Students in this manner, We shall ensure that the Tutors devote a reasonable amount of time to each Student in the Session so that each Student benefits from the Session.
3.4 Whilst it is Our aim to teach on an Exam Board basis, Sessions may sometimes contain Students preparing for exams set by more than one Exam Board and We fully reserve the right to organise Sessions on this basis.
3.5 Whilst We will endeavour to ensure that all Sessions will run, We reserve the right to cancel a Session and shall reimburse you in full.
3.6 For the avoidance of any doubt, the Services do not entitle the Student to personal tuition, but to attend a Course, which will take place within a Session of Students, which will include the Student. Whilst We will require the Tutor to use their reasonable endeavours to devote a reasonable amount of time to each Student in the Session, given the nature of teaching and the fact that different Students are likely to have different levels of knowledge, We will not be responsible for, nor liable to, You and/or the Student, should the Tutor be unable to devote an equal amount of time to each student.
3.7 If a Tutor fails to attend a Session, We will provide a suitable and timely alternate Session for the Student to attend.
3.8 If any issue arises at any stage during a Course, with any aspect of the Course, You should discuss it with the Tutor and/or the Course Director. If they are unable to resolve it, you should write to Us at email@example.com .
3.9 Subject to the offer of Guarantee by Us and acceptance of the Guarantee by You, we give no guarantee, warranty, assurance or undertaking and make no representation or otherwise, that following the provision of the Services and/or the Student’s attendance on any Course, the Student will have any particular level of knowledge, or pass, or achieve any particular grade or mark in, any examination or test, or attain any particular level of achievement, or otherwise.
4. FEES AND PAYMENT
4.1 In consideration of the provision of the Services, You will pay the Fees. Payment for each Course must be made strictly in advance of the start of the relevant Course or for the 30 Session Course only, at the start of each school term during which the Sessions are to be held. Unless stated otherwise, all Fees will be exclusive of VAT.
4.2 If You fail to pay Us on the date that payment is due, We may:
(a) charge interest on such sum from the due date for payment at the annual rate of 5% above the base lending rate from time to time of Barclays Bank Plc, accruing on a daily basis and being compounded quarterly until payment is received, whether before or after any judgment and You will pay the interest immediately on demand; and
(b) suspend all Services until payment has been made in full.
4.3 Time for payment will be of the essence of this Agreement.
4.4 All Fees payable to Us under this Agreement will become due immediately on its termination, despite any other provision. This paragraph 4.4 is without prejudice to any right to claim for interest in accordance with this Agreement or in accordance with the law.
4.5 We may, without prejudice to any other rights it may have, set off any liability of You to Us against any liability of Us to You.
4.6 Prices on our website include VAT and are correct at time of publishing.
5. MEDICAL CONDITIONS AND DISABILITIES,
Our Tutors and/or staff do not have specific medical training and We do not provide a medical service or facilities at any of the Centres. Centres may not be equipped or have facilities, for disabled students. Details of a Student’s disability must be drawn to Our attention at the time of booking and We confirm whether it is has the facilities to accept and/or accommodate the Student at the relevant Centre. We cannot administer, dispense or store any medication at any time, at the Centre, and/or assist the Student with any of the foregoing. Any such matters must be discussed with Us at the time that the booking is made at which time We will confirm what special arrangements, if any, it is able to make, to try and accommodate the relevant matter, without being obliged to make any such special arrangements. We will make no special arrangements unless it confirms in writing that it will do so.
6. CUSTOMER’S OBLIGATIONS
6.1 You irrevocably acknowledge that given the nature of the Services, whilst attending a Course and/or whilst at the Centre, the Student will be under the supervision and control of the Tutor. As such, You will ensure that the Student will, at all times, promptly co-operate with Us and the Tutor in all matters relating to the Services; and promptly follow the instructions of the Tutor, including without limitation, as to conduct, behaviour, attendance and punctuality.
6.2 Without limitation to paragraph 6.1, You agree that the Student will at all times:
(a) be punctual, including without limitation, attend all Sessions on time;
(b) switch off and refrain from using during any Session, any mobile phone, listening device, electronic game, or any other or similar device, and/or any device that causes, or in the Tutor’s opinion is likely to cause, disturbance to any other person, the Session or the student themselves;
(c) refrain from using bad language and/or engaging in disruptive or abusive behaviour; and/or any behaviour which in the Tutor’s opinion is likely to cause irritation or offence to, or to disturb, the Tutor or any other person at the Centre, or which in the Tutor’s opinion, is unacceptable, or otherwise contrary to, or incompatible with, learning, discipline, or good order;
(d) refrain from breaking or taking any item or thing, including but not limited to fixtures and fittings, from the Centre whether belonging to Us or any other person;
(e) refrain from bringing alcohol, drugs or cigarettes into the Centre or smoking in the Centre. Those who do smoke must do so clear of the Centre so that there is no association with the Centre whatsoever;
(f) refrain from engaging in any sexual activity.
6.3 Paragraphs 6.1 and 6.2 will be strictly enforced. The Tutor’s decision as to what constitutes unacceptable behaviour, and/or as to whether or not there has been a breach of paragraph 6.1 and/or 6.2, will be entirely within the Tutor’s discretion, will be final and not subject to discussion or further review.
6.4 We will not be responsible for, or liable to You and/or the Student in respect of the behaviour, conduct, act or omission of any other Student on the Course and/or by any person at the Centre.
6.5 If the performance of Our obligations under this Agreement is prevented or delayed by any act or omission of You and/or the Student, We will not be liable for any costs, charges or losses sustained or incurred by You arising directly or indirectly from such prevention or delay.
6.6 You will be liable to pay to Us, on demand, all reasonable costs, charges or losses sustained or incurred by Us (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from Your negligence, failure to perform or delay in the performance of any of its obligations under this Agreement, including without limitation any breach of paragraphs 6.1 or 6.2, subject to Our confirming such costs, charges and losses to You in writing.
6.7 Without limitation to paragraph 6.6, You will be liable to pay to Us, on demand, all reasonable costs sustained or incurred by Us arising directly or indirectly from the Student’s damaging or taking any item (including fixtures and fittings) from the Centre, subject to Our confirming such costs to You in writing.
7. THE STUDENT’S PROPERTY
We recommend that the Student does not bring valuables to the Centre. It is the Student’s sole responsibility to take care of all of their personal possessions, property and valuables. We will not be responsible for and/or liable to You and/or the Student for any personal possessions, property or valuables of You and/or the Student which are lost or stolen while on the Course and/or at the Centre.
8. OUR PROPERTY
All materials, equipment and papers, supplied by or on behalf of Us to You and/or to the Student will, at all times, unless We confirm otherwise, be and remain Our property, but will be kept safely by You and/or Student until returned to Us, and will not be disposed of nor used other than in accordance with Our instructions or authorisation.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Except where expressly stated to the contrary, We are the owner or the licensee of all intellectual property rights for materials used in connection with the Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2 Please find further terms concerning Our intellectual property on Our Website.
10. LIMITATION OF LIABILITY
10.1 This paragraph 10 sets out Our entire financial liability (including any liability for the acts or omissions of Our employees, agents, consultants, and subcontractors) to You in respect of:
(a) any breach of this Agreement;
(b) any use made by You and/or the Student of the Services, or any part of them; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
10.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement, provided that nothing in this Agreement will affect, or is intended to affect, Your statutory rights.
10.3 Nothing in these Conditions limits or excludes Our liability:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by You as a result of fraud or fraudulent misrepresentation by Us; or
(c) for any liability incurred by You as a result of any breach by Us of any term implied by law which it is not permissible to exclude.
10.4 Subject to paragraph 10.2 and paragraph 10.3:
(a) We will not be liable for:
i.loss of profits; or
ii.any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
(b) Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of this Agreement will be limited to the Fees for the Services.
11.1 Without prejudice to any other rights or remedies which We may have, We may terminate this Agreement without liability to You immediately on giving notice to You, if:
(a) You fail to pay any amount due under this Agreement on the due date for payment and remains in default not less than seven days after being notified in writing to make such payment; or
(b) You commit a material breach of any of the terms of this Agreement. For the purpose of this paragraph 11.1(b) any breach of paragraphs 6.1 or 6.2 will be deemed a material breach. We may also terminate the Guarantee but continue providing the Services if You are in breach of your obligations under this Agreement or the Guarantee.
11.2 On termination of this Agreement for any reason:
(a) We will immediately cease to provide the Services, including without limitation any Sessions;
(b) if the Student is at such time at a Centre, the Student will immediately leave the Centre and where necessary You will make arrangements to immediately collect the Student from the Centre;
(c) You will immediately pay to Us all of Our outstanding Fees together, where applicable, with interest; and
(d) Our accrued rights and liabilities as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, will not be affected.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
12.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
12.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
12.4 You may cancel this Agreement if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods and/or Services. We will only cancel this Agreement if the Event Outside Our Control continues for longer than two weeks.
13.1 We may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the Fees for the Services.
13.2 Save as otherwise provided, no variation of this Agreement or this Agreement or of any of the documents referred to in them will be valid unless it is in writing and signed by or on behalf of each of the parties.
14.1 A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by Us in exercising any right or remedy under this Agreement or by law will constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy will preclude or restrict the further exercise of that (or any other) right or remedy.
14.2 Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.
Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect
16. ENTIRE AGREEMENT
16.1 This Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
16.2 You acknowledges that, in entering into this Agreement, they have not relied on, and will have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract), as expressly provided in this Agreement.
16.3 Nothing in this condition will limit or exclude any liability for fraud.
17.1 You will not, without the prior written consent of Us, assign, transfer, subcontract or deal in any manner with all or any of their rights or obligations under this Agreement.
17.2 We may at any time assign, transfer, charge or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of its obligations under this Agreement to any third party or agent.
18. RIGHTS OF THIRD PARTIES
A person who is not a party to this Agreement will not have any rights under or in connection with it
19.1 Any notice required to be given under this Agreement will be in writing either by email or post to the other party, in the case of You, to Baylis House, 115 Stoke Poges Ln, Slough SL1 3PB, UK, and in the case of Us to the address notified by You to Us, or as otherwise specified by the relevant party by notice in writing to the other party.
19.2 Any notice will be deemed to have been duly received, in the case of a notice sent within the UK, on the second Working Day after posting, or, in the case of a notice sent from one country to another, on the fifth Working Day after posting (where the recipient is not in the UK, a Working Day being a day generally classified as a working day in that country).
20. GOVERNING LAW AND JURISDICTION
20.1 This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter, will be governed by, and construed in accordance with, the law of England and Wales.20.2 The parties irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this Agreement or its subject matter.
Signed by the Customer…………………………… Name…………………………… Date………………………..
Signed on behalf of GT by……………………. Name………………………..Date……………………..