Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the service will start within this time, you may be charged for what you've used.
The Consumer Rights Act 2015 says:
you can ask us to repeat or fix the service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it;
if a price hasn't been agreed upfront, what you're asked to pay must be reasonable;
if a time hasn't been agreed upfront, it must be carried out within a reasonable time.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
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, with business address at 39 Dukes View, Inverness, IV2 6BB; and
‘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) or telephone (07919532071). We are contactable by email from 9am to 5pm Monday to Friday (with exception of public holidays in Scotland).
Who are we?
We are a solely traded business owner by Karen Gayle Simpson
Our business address is at: 39 Dukes View, Inverness, IV2 6BB
Our VAT number is: N/a as a solely traded business
1.1If you buy services from us you agree to be legally bound by this contract.
2. Information we give you
2.1By 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 (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price)
￼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
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3 Your privacy and personal information
4 Initial assessment
4.1Before entering into a contract for services from us, we offer an initial assessment to identify your child's needs, and tailor the services to be provided to them accordingly.
5. Ordering services from us
5.1 Below, we set out how a legally binding contract between you and us is made:
5.1.1 any quotation given by us before you make an order for services is not a binding offer by us to supply such services.
5.1.2 when you decide to place an order for services with us, this is when you offer to buy such services from us.
5.1.3 when you place your order with us, we will confirm this by email or otherwise in writing. This acknowledgement does not, however, mean that your order has been accepted.
5.1.4 we may contact you to say that we do not accept your order. If we do this, we will try to tell you promptly why we do not accept your order. This is typically for the following reasons: we cannot carry out the services; we cannot authorise your payment; you are not allowed to buy the services from us; we are not allowed to sell the services to you; or there has been a mistake on the pricing or description of the services.
5.2 We will only accept your order when we confirm this to you by email or otherwise (Confirmation Email). At this point, a legally binding contract will be in place between you and us, and we will start to carry out the services in the way you and we have agreed.
5.3 If you are under the age of 18 you may not buy any services from us.
6. Carrying out of the services
6.1 Subject to this condition 6, we will carry out the services on the day and time which you and we agree (either with our representative or in writing). Services are provided on a subscription basis. Your subscription with us consists of an initial 2 month service period, after which the services will be provided on a month to month rolling basis (unless terminated in accordance with this contract).
6.2 When you buy services from us, you must select;
6.2.1 your desired delivery of the services, i.e. whether the services are to be delivered online (see condition 7) or in person (see condition 8); and
6.2.2 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.
6.3 In the event you wish to amend the details of your subscription as regards condition 6.2, you are entitled to do so, provided you have given us notice in writing (by email) at least 3 weeks' prior to the date services are due to commence. Such changes shall only be permitted and only come into effect once they have been agreed by us in writing.
7. Online services
7.1 Online services are available at 30 minute session lengths for 1 to 1 and 25 minutes for small groups.
7.2 Online services are delivered in weekly 1 to 1 or small group sessions and are available all year round (subject to availability).
7.3 Online services and resources (including follow up activities) are only accessible through the internet. Should you opt for online services, it is your sole responsibility to ensure that your child has the appropriate means to access online services and resources.
8 In person services
8.1 In person services are available at 30 minute session lengths.
8.2 Unless previously agreed between us and you in writing, in person services will only run during the normal school term time and will not run on school holidays or in-service days.
8.3 Subject to availability and entirely at our sole discretion, we may be able to offer in person services 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 in person services (in accordance with condition 14).
8.4 If available, school holiday sessions shall only run;
8.4.1 on such days and at such times as is mutually agreeable between us and you;
8.4.2 if booked with written notice (by email), reaching us not less than 4 weeks prior to the beginning of the particular holiday period; and
8.4.3 if payment is received in advance. Any booking made for school holiday sessions shall only be secure once payment is received by us.
8.5 School holiday sessions that have been secured by payment (in accordance with condition 14) can be cancelled (for a 50% refund in payment) giving not less than 72 hours prior written (by email) notice, in advance of the first school holiday session to commence.
8.6 School holiday sessions that have been secured by payment (in accordance with condition 14) that are cancelled within 72 hours of the first school holiday session commencing are non-refundable.
9. Service delivery
9.1 Whilst we believe that our services will enhance your child's skills in literacy and numeracy, no guarantee is given by us that as to the level of your child's skills following the delivery of our services.
9.2 At our discretion, sessions may be delivered by independent tutors contracted by us. Any such tutor selected this purpose shall be suitably qualified and competent to deliver the tutoring services to the required standard.
9.3 Tutors will only be selected and contracted by us if they have first been suitably vetted, and only if they are a member of the Protecting Vulnerable Groups (PVG) scheme managed by Disclosure Scotland. Under no circumstances shall we engage with tutors that do not satisfy this requirement of ours.
9.4 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.
9.5 If for any reason you wish to change tutors during your subscription, you should contact us in the first instance, and we shall use our reasonable endeavours to accommodate you.
9.6 Should you have a complaint about a tutor or the way in which services are delivered, you should contact us immediately (see condition 23).
9.7 Any tutor contracted by us to deliver the services in accordance with these terms and conditions are engaged purely as independent contractors and are not in any way considered employees of ours.
10. Your failure to attend services
10.1 It is your sole responsibility to ensure that your child attends the services (whether online session or in person sessions) on the day, and at the time, agreed between us and you at the beginning of your subscription.
10.2 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.
10.3 Tutors will be available to deliver the services immediately prior to the commencement of sessions, and they will remain available immediately after. In the event that your child attends the session or service delivery late, or does not attend the session or service delivery at all, you will not be able or entitled to rebook the session or service delivery. You will be charged for the full session or service delivery whether your child attends, attends late, or does not attend at all.
11. Cancellation of services by you
Other than in accordance with Condition 15, 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. Regardless of the notice that is given in relation to a cancellation of services by you, you will still be charged for the remaining sessions under your subscription.
12Cancellation or failure to attend services by us
12.1 We reserve the right to cancel any individual service delivery (or session) without giving reason. In the unlikely event that we cancel a session, we shall provide you with notice of cancellation prior to the agreed time of session.
12.2 In the unlikely event that we cancel a session, reasonable effort shall be made by us to reschedule the session to another suitable day and time.
12.3 Where we have cancelled a session and it is not possible to reschedule (for whatever reason), you shall retain the right to delivery of the session at a later date and time that is mutually agreed between you and us. Alternatively, and provided you make clear to us in writing within 48 hours of the cancellation, 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.
12.4 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.
12.5 If we have to cancel 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.
12.6 Our carrying out of the services may from time to time be affected by events beyond our reasonable control, including but not limited to online service providers. 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.
12.7 Where we need to cancel services we will give you notice of this prior to the agreed time and day that the services were arranged to be delivered (see condition 12).
12.8 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.
12.9 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.
13. Resources and tools
We use several third party providers to enable access to our online services and follow up activities.
14 Charges and payment
14.1 We will let you know the basis of calculating the charges for the services to the fullest extent we can when you place an order with us.
14.2 ￼We charge for our services on a time-spent basis in accordance with the following:
14.2.1 for online services (condition 7) we charge for each 30 minutes we spend in providing our services. You will be charged according to whichever session length you select at the point of purchasing the services.
14.2.2 for in person services (condition 8) we charge for each 30 minutes we spend in providing our services. You will be charged according to whichever session length you select at the point of purchasing the services.
14.3 Our services are purchased on a subscription basis which can be terminated in accordance with these conditions.
14.4 We accept payment by bank transfer only.
14.5 In relation to all services, you will be provided with our business bank details at the point of purchasing the services. Payments shall fall due on the 5th day of each month, or immediately before the first session of the month (whichever is soonest), and you will be required to make payment to our business bank accordingly. For ease of identification, we ask that you enter your name as the reference when instructing the payment.
14.6 If your payment is not received by us in accordance with this condition 14, we reserve the right to cancel your subscription (see condition 16).
14.7 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, in accordance with condition 18. 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.
15 Right to cancel this contract
15.1 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.
15.2 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.
To My Primary Tutor, 39 Dukes View, Inverness, IV2 6BB or 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
16 Effects of cancellation
16.1 If you cancel this contract, we will reimburse to you any payments for future sessions which you will not be attending. We will not reimburse you for assessment costs which are non-refundable.
16.2 We will make the reimbursement without undue delay, and not later than 7 days after the day on which we are informed about your decision to cancel this contract.
16.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
17 Nature of the services
The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the services are carried out with reasonable care and skill, you must pay a reasonable price for the services, and no more if you and we haven't fixed a price for the services; and we must carry out the services within a reasonable time if you and we haven't fixed a time for the services to be carried out.
18. Termination of subscription by you
18.1 Other than in the circumstances in condition 15, you are entitled to terminate your subscription at any time by providing notice in accordance with condition 18.2.
18.2 If you wish to terminate your subscription, you must;
18.2.1 give notice to us either in person or in writing; and
18.2.2 provide a minimum of 4 weeks' notice of intention to terminate.
18.3 Once notice to terminate has been given to us in accordance with condition 18.2, you will be entitled to make use of, and required to make payment for, any outstanding sessions within the notice period.
18.4 Your subscription will then terminate once you have satisfied the contents of this condition 18.
19 Termination of subscription by us
19.1 We reserve the right to terminate your subscription at any time and without giving any reason.
19.2 If we exercise our right to terminate during your subscription (other than in accordance with condition 19.3), you will be entitled to the services that remain unused on your subscription prior to termination.
19.3 In the event that you fail to make payment for your subscription in accordance with condition 14, we will be entitled to terminate your subscription immediately and you will not be entitled to receive any services from that point.
20 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.
21 Limit on our responsibility to you
21.1 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:
21.1.1 losses that:
18.104.22.168 were not foreseeable to you and us when the contract was formed;
22.214.171.124 that were not caused by any breach on our part;
126.96.36.199 occur at any point out with our teaching classroom;
21.1.2business losses; and
21.1.3 losses to non-consumers.
22 Your responsibilities to us (in person services)
22.1 Before any in person services are delivered, we will send you (by email) an online parent information form for completion. You will be required to fully complete our online parent information form before any in person service is delivered.
22.2 You are responsible for completing the online parent information form to its fullest extent, and declaring any relevant medical conditions and/or allergies that your child may suffer from.
22.3 It is your sole responsibility to ensure that your child arrives, and is collected from our teaching classroom.
22.4 In the event that a third party is going to collect your child, it is your responsibility to ensure you inform the tutor of this.
22.5 Should you wish for your child to arrive and leave unaccompanied, you must provide this information in writing to us at firstname.lastname@example.org.
23 Support, complaints handling and disputes
23.1 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 email@example.com.
23.2 We will try to resolve any disputes with you quickly and efficiently.
23.3 If you are unhappy with:
23.3.1 the services;
23.3.2 our service to you generally; or
23.3.3 any other matter,
please contact us as soon as possible.
23.4 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you, and give you certain information required by law about our alternative dispute resolution provider.
23.5 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.
24 Variation to terms
We reserve the right to modify the terms contained herein so long as we provide notice of any changes to you.
25 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.