My Primary Tutor - Terms and Conditions
This contract sets out:
your legal rights and responsibilities;
our legal rights and responsibilities; and
certain key information required by law.
This contract is used for when you and we enter into a contract in person, and/or at distance (i.e. online or over the phone).
In this contract:
'We', 'us' or 'our' means My Primary Tutor, a solely traded business owned and run by K Simpson.
‘You’ or ‘your’ means the person buying services from us, acting as the legal representative or guardian of the child receiving the services.
If you don't understand any of this contract and want to talk to us about it, contact us by email (firstname.lastname@example.org). We are contactable by email from 9am to 5pm Monday to Friday.
Who is My Primary Tutor?
We are a solely traded business owned by Karen Simpson and located in the Highlands of Scotland.
If you buy services from us you agree to be legally bound by this contract.
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made (see the summary box below). We will give you this information in a clear and understandable way. Typically, we will give you this information on paper before you buy the services from us. Some of this information is also set out in this contract, such as information on our complaint handling policy (see condition 23).
Information we will give you
We will give you information on:
the main characteristics of the services you want to buy
who we are, where we are based and how you can contact us
the total price of the services including any taxes (if applicable)
in the case of a contract where its end has not been agreed or a contract containing a subscription, the total costs per billing period or (where such contracts are charged at a fixed rate) the total monthly costs
the arrangements for payment, carrying out the services and the time by which we will carry out the services
how to exercise your right to cancel the contract and the costs of doing so
our complaint handling policy
The key information we give you by law forms part of this contract (as though it is set out in full here).
If we have to change any key information once a legally binding contract between you and us is made, we will inform you and seek your consent.
Your privacy and personal information
Before entering into a contract for services from us, we usually require an initial assessment to identify your child's needs, and tailor the services to be provided to them accordingly. The cost of this will depend on the age/stage of your child and if they require an assessment for one subject or more than one. These cost will be discussed and a time and day for the assessment will be agreed with you in your initial contact with us (through our website, email or other social media platforms).
Ordering services from us
Below, we set out how a legally binding contract between you and us is made:
We will agree through email or online message your sessions (1 to 1 or small groups) and the days and times the sessions will run. You will then complete our online form which states you agree to the terms and conditions as set out in this document. At this point, a legally binding contract will be in place between you and us, and we will arrange from this point onwards everything necessary to deliver our services to you.
If you are under the age of 18 you may not buy any services from us.
Carrying out of the services
When you agree services from us, you must select your desired day and time of the week that the services will be delivered throughout your subscription. Services will then be carried out on this day and time for the duration of your subscription to the services unless we notify you otherwise.
In the event you wish to amend the details of your subscription, you are entitled to do so, provided you have given us notice by online message or email. The date from which these changes can commence will be dependent upon availability and we hold the right to set the date from which they can commence.
Online services are available at 30 minute session lengths for 1 to 1 and 25 minutes for small groups.
Online services are delivered in weekly 1 to 1 or small group sessions and are available all year round (subject to availability). Unless previously agreed between us and you in writing, our sessions will only run during term time and will not run on school holidays. As we are based in the Highlands, term time dates and holidays will be those which are set by the Highland Council. Should you wish more information on these dates for a particular year/period of time, please contact us by email etc and we can provide these for you. Please note that in-service days do not count as holidays and sessions will run as normal on these days.
Online services and resources (including follow up activities) are only accessible through our particular internet platform. It is your sole responsibility to ensure that your child has the appropriate means to access online services and resources. We support you to connect with the platform before your first session.
Subject to availability and entirely at our sole discretion, we may be able to offer sessions over school holiday periods (school holiday sessions). School holiday sessions would be available at 30 minute session lengths and be charged at the same cost for regular services.
If available, school holiday sessions shall only run;
- on such days and at such times as is mutually agreeable between us and you;
- if booked with written notice (by email), reaching us not less than 1 week prior to the beginning of the particular holiday period; and
- if payment is received in advance. Any booking made for school holiday sessions shall only be secure once payment is received by us.
- School holiday sessions that have been secured by payment can be cancelled (for a 50% refund in payment) giving not less than 48 hours prior written (by email) notice, in advance of the first school holiday session to commence.
- School holiday sessions that have been secured by payment, that are cancelled less than 72 hours before the first school holiday session commencing, are non-refundable.
Whilst we believe that our services will enhance your child's skills and learning, no guarantee is given by us that as to the level of your child's skills following the delivery of our services.
Our sessions are delivered by independent tutors contracted by us. All tutors selected for this purpose shall be suitably qualified and competent to deliver the tutoring services to the required standard.
Tutors will only be selected and contracted by us if they have the required teaching qualifications and have an enhanced disclosure check from a professional body such as Disclosure Scotland.
Whilst every effort shall be made to ensure that the same tutor delivers the service for each session during your subscription period, we reserve the right to allocate an alternative tutor should we deem it necessary.
If for any reason you wish to change tutors during your subscription, you should contact us in the first instance, and we shall seek to accommodate you.
Should you have a complaint about a tutor or the way in which services are delivered, you should contact us immediately. We will seek to investigate all complaints and reply to you within 48 hours.
Any tutor contracted by us to deliver the services in accordance with these terms and conditions are engaged purely as self employed independent contractors, and are not in any way considered employees of ours.
Your failure to attend services
It is your sole responsibility to ensure that your child attends their session on the day, and at the time, agreed between us and you at the beginning of your subscription.
If for any reason your child is late for a session or service delivery, the service shall only continue to the end of the allocated session slot agreed between you and us, and will not be extended beyond this.
If your child is unable to attend a session you should let us know as soon as possible by email or message on our online platform. All messages received 24 hours or more before a session will still incur payment but we will seek to provide an alternative day and time for the session. This may or may not be with the regular tutor and we reserve the right to change tutor for these rescheduled sessions. If we receive notification less than 24 hours before the session is due to start or receive no notification, then payment will still incur but we will not guarantee a rescheduled date for the session and reserve the right not to provide an alternative date.
Cancellation of services by you
In the event you wish to cancel any session or service delivery during your subscription, you can do so by notifying us by email or online message. You are required to give 4 weeks notice and you will be charged for the remaining sessions under your subscription, regardless of attendance.
Rescheduling or failure to attend services by us
We reserve the right to reschedule any individual service delivery (or session) without giving reason. In the unlikely event that we reschedule a session, we shall provide you with notice and seek to reschedule at a time which suits you.
Where it is not possible to reschedule (for whatever reason), you shall be entitled to receive a full refund for that particular session should you not wish to reschedule for a later date and time.
If you do not exercise your right to a full refund for the service within 48 hours of us cancelling the service, you will lose your right to a full refund, and from then, only be entitled to retain right to use the service at a later date.
If we have to reschedule services for reasons that are beyond our reasonable control (or beyond the reasonable control of our contracted tutors), you will only be entitled to retain the right to use the service at a later date. You will not be entitled to a full refund.
Our carrying out of the services may from time to time be affected by events beyond our reasonable control (power cut, adverse weather affecting internet provision, maintenance by our online providers for example). If so, and having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, we reserve the right to cancel and/or reschedule the provision of those particular services to an alternative date and time as we deem necessary.
In the unlikely event that services can no longer be performed on the date and time agreed between us and you for the duration of your remaining subscription, every effort shall be made by us to ensure that the services are delivered on a day and time that best suits you and your child's needs.
Whilst every effort will be made by us to ensure that services are delivered on the agreed time and day of the week for the entirety of your subscription, we provide no guarantee that this will be the case.
Resources and tools
We use several third party providers to enable access to our online services and follow up activities. These providers may update their service and we will seek to let you know when this happens. It is your responsibility to ensure you are using the most up to date version of these platforms to ensure your sessions run as smoothly as possible. We accept no responsibility for updating affecting your service.
Charges and payment
Our services are purchased on a subscription basis with an agreed start date, which can be terminated at any time with a 4 weeks notice period.
We accept payment by bank transfer only and will provide you with these details in our initial welcome email/message.
In relation to all services, we will invoice you to the email address you provide in your registration form. Payments shall be due by the 7th day of each month, or immediately before the first session of the month (whichever is first), and you will be required to make payment to our business bank accordingly. For ease of identification, we ask that you enter your child's full name as the reference when instructing the payment. We ensure that each tutor is paid their fees according to the agreed terms in their contract.
If your payment is not received by us we reserve the right to cancel your subscription. You may be charged a late fee if you do not make payment before the 14th of the month.
We reserve the right to increase your subscription charge from time to time, provided we have given you not less than 4 weeks written notice of any such increase. Where you do not wish to continue with the service following notice of any increase, you are entitled to cancel your subscription prior to the increase taking effect. If you choose to cancel your subscription in these circumstances, you will be entitled to use your remaining services that were agreed between us and you as part of your initial subscription. Should you not notify us of your intention to cancel following our notice to increase prices, you will be deemed to accept the price increase, and will accordingly be charged the new price following when your subscription renews.
Right to cancel this contract
You have the right to cancel this contract before your child’s first session, free of charge. Should you wish to cancel after this time, you will be required to give 4 weeks notice and will be liable for any session cost incurred during this period.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by online message or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
By email to email@example.com :
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
Termination of contract by us
We reserve the right to terminate your contract at any time and without giving any reason.
If we exercise our right to terminate during your contract you will be entitled to the services that remain unused on your subscription prior to termination.
In the event that you fail to make payment for your subscription we will be entitled to terminate your contract immediately and you will not be entitled to receive any services from that point.
End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
Limit on our responsibility to you
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
were not foreseeable to you and us when the contract was formed;
that were not caused by any breach on our part;
occur at any point out with our teaching sessions;
business losses; and
losses to non-consumers.
Your responsibilities to us
Before any services are delivered, we will send you (by email or message) an online parent registration form for completion. You will be required to fully complete our online parent registration form before any service is delivered.
You are responsible for completing the online parent registration form to its fullest extent, and declaring any relevant medical conditions and/or allergies that your child may suffer from.
You are required to be contactable at all times during the service and to ensure your child has the technology they need ready and installed so they can access our service.
Support, complaints handling and disputes
If you require support in relation to any aspect of the service we provide to you, or have any concerns or complaints, you should contact us by email at firstname.lastname@example.org.
We will try to resolve any disputes with you quickly and efficiently.
If you are unhappy with:
our service to you generally; or
any other matter,
please contact us as soon as possible.
This contract and any dispute or claim arising out of, or in connection with, the contract, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and in accordance with, the laws of Scotland.
Variation to terms
We reserve the right to modify the terms contained herein so long as we provide notice of any changes to you.
Third party rights
This contract does not create any rights in favour of third parties under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce or otherwise invoke any provision of this contract or otherwise.
Updated August 2022