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Terms of Service

 Clad Junior Online Tutoring

Online Tutoring Policy and Agreement v2021.8

THE AGREEMENT: This Learning Agreement (hereinafter, “Agreement”) is made by and between Clad Junior Online Tutoring, trading as Primary Online Learner™, hereinafter referred to as “Tuition Provider,” and you, further defined below, as a guardian to the child to receive tuition, also defined below.

Minor and Guardian will be collectively referred to throughout this Agreement as Client, but it is understood that all references to Client shall be taken to refer to Guardian’s contractual representation of Minor.

Client and Tuition Provider may be referred to individually as the “Party” and collectively as the “Parties.”

RECITALS:

  1. WHEREAS, Client wishes to retain Tuition Provider to provide certain Tutoring Services, described more fully below;
  2. WHEREAS, Tuition Provider has the skills, qualifications, and expertise required to provide the Tutoring Services to the Client;
  3. WHEREAS, Tuition Provider wishes to render such Tutoring Services to Client;
  4. WHEREAS, the Parties recognize that the world is experiencing a global pandemic which makes private, online tutoring helpful and safe health-ward.

NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:


Article 1 – DEFINITIONS:

As used in this Agreement:

A) “Tutoring Services” shall be used to refer to the following specific tutoring services that the Tuition Provider will provide to the Client under the terms and conditions set forth herein:

  1. Providing online lessons which may be streamed in BigBlueButtonTM, ZoomTM, Videos on Tuition Provider’s private YouTube channel or sent as a PowerPointTM or any other acceptable form of presentation that Client will follow.
  2. Providing homework and other learning activities following done lessons to reinforce concepts through further practice.
  3. Assessing and giving feedback back and recommendations.
  4. The core software for Webinar lessons will be BigBlueBattonTM which is accessed by Client in the class.
  5. Foster online interaction with other learners on different online platforms present. This includes discussions and debates.

B) “Commencement Date” shall be used to refer to the date Tuition Provider begins the Tutoring Services. The Commencement Date shall be the day at which payment is made that will depend also on time as stated in Article 4.

C) “Completion Date” shall be used to refer to the date that the Tuition Provider will complete the Grade or cease the provision of Tutoring Services to Client.

D) “Fees” shall be used to refer to the payment Client will pay Tuition Provider for the rendering of the Services. The fees will be specified in the invoice.


Article 2 – AGREEMENT:

Subject to the terms and conditions of this Agreement, Tuition Provider hereby agrees to render the Tutoring Services to Client, beginning on the Commencement Date and ending on the Completion date, and Client agrees to pay Tuition Provider the Fees required for the Tutoring Services.


Article 3 – LOCATION:

Tuition Provider will render Tutoring Services to Client online. Meetings may be done on mutual agreement for whatever reason compliant to parameters stated herein. Tuition Provider reserves the guarantee to any meeting due to the Covid-19 pandemic and other reasons.


Article 4 – SCHEDULE:

The schedule of tutoring sessions (“Sessions”) shall be as follows:

  1. Monday to Friday as provided by the timetable given to Client.
  2. Times may vary due to circumstances beyond our control and Tuition Provider has the right to make amendments to the timetable and notify Client. However, each lesson is expected to be at least forty(40) minutes long.
  3. Shifting of timetables is not guaranteed as that is potentially to cause serious inconveniences. If there may happen to be any arrangement Tuition Provider is eligible to charge Client an extra fee.


Article 5 – FEES, PAYMENTS AND ADMISSION:

The Client agrees to pay Tuition Provider the required Fees, as outlined elsewhere in this Agreement, for the provision of the Tutoring Services, subject to the following terms and conditions:

  1. Invoice Interval: Tuition Provider will be entitled to invoice Client at the following time period: Monthly (Client is free to choose to pay Tuition Provider in advance for the pending months within the period of the course.)
  2. Invoice Period: Invoices must be paid before the commencement of services Tuition Services after the trial lesson(s). After the initial invoice, subsequent invoices will be generated 7 (seven) days before the due date.
  3. Method of Payment: Tuition Provider will accept the following forms of payment: Cash in US Dollars. Money will be sent through the agency of Western Union, City Hopper, Mukuru, Access Forex, World Remit, Hello Paisa, Tumai or EcoCash USD Wallet.
  4. Penalties: If the Client does not pay the invoiced and required amount by the date stated in the invoice or as otherwise provided for in this Agreement, the Tuition Provider shall be entitled to: i) cease performance of the Tutoring Services until payment is made, at the Tuition Provider’s sole and exclusive discretion; ii) require Client to pay for the Tutoring Services, or any remaining part of the Tutoring Services, in advance;
  5. Packaged Subscription: You cannot pay weekly if you are not on a weekly-subscribed Package. If you choose to pay weekly you will be obliged to pay the fees equivalent to a weekly-subscribed Package.
  6. Admission: For Client to be admitted they must have attended mandatory free demo lessons.


Article 6 – CANCELLATION POLICY:

Cancelations by Tuition Provider: Tuition Provider may cancel Sessions with Client if conflicts arise. In such a case, Client shall be under no obligation to make payment. If Tuition Provider cancels after payment has been made, payment will be applied to the rescheduled Session. Rescheduling shall be done at a time agreeable to both Parties. If such rescheduling is not possible, Client will be refunded the full amount for the remaining session(s).

Cancellations by Client: Client shall be permitted to cancel Sessions prior to 24 hours before the scheduled Session. If Client cancels less than 24 hours prior, the Tuition Provider will not be held accountable for the loss of that session.


Article 7 – LATE SESSION JOINING:

Client’s late joining to any Session will not toll the time of the Session. In other words, Client is expected to be on time for each Session or forfeit the amount for late arrival. No adjustment shall be made on Fees for time lost because of late joining or non-submission of assignments by Client.

If Tuition Provider starts late, Tuition Provider shall compensate Client by extending a Session or having an extra session by mutual agreement. For reasons that are beyond Tuition Provider’s control, an extra session is not reserved.


Article 8 – INTELLECTUAL PROPERTY:

Any intellectual property provided by the Client to the Tuition Provider to assist in the provision of Tutoring Services shall belong to Client. Any intellectual property belonging to the Tuition Provider, provided or shown to the Client in any way shall belong to the Tuition Provider. This includes videos, diagrams and texts among others.


Article 9 – OBLIGATIONS:

Tuition Provider shall keep all Client information confidential.

Client agrees to undertake the work Tuition Provider identifies, as well as to actively participate in each Session including online discussions.

Tuition Provider does not offer any promises or guarantees with regard to the Tutoring Services. Client hereby acknowledges and agrees:

  1. Client is solely and exclusively responsible for the choices that Client makes with regard to the Tutoring Services or any changes to Client’s academic performance due to the Client’s unease with the gadget or software being used. However, arrangements can be made on mutual agreement that the Client get help in learning the system and the system instruments.
  2. Client is solely responsible for any actions or inaction Client chooses to take;
  3. Tuition Provider is not liable for any result or non-result or any consequences which may come about due to Client’s participation in the Tutoring Services.
  4. Client will provide a suitable gadget that allows meaningful and beneficial interaction in all lessons. Tuition Provider will not be responsible if a Client fails to perform when they are using gadgets with small screens like Cellphones.
  5. Client must have a gadget solely for tuition purposes as the Tuition Provider may be required to help the Client through interactive software that may violate Client’s privacy.
  6. Tuition Provider will not accept client on ZoomTM if client is not signed up on Clad Junior Online Tutoring Online platform.
  7. Tuition Provider is not liable for any lessons that Client has lost resulting from expiration of enrollment. It is Client’s responsibility to ensure that enrollments are up to date. (see Article 5 #2)


Article 10 – LIMITATION OF LIABILITY:

Except in cases of death or personal injury caused by either party’s negligence, either party’s liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be limited to Fees paid by the Client to the Tuition Provider.

To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.


Article 11 – INDEMNITY:

Client hereby agrees to indemnify Tuition Provider against any and all damage, liability, and loss, as well as legal fees and costs incurred, as a result of the Tutoring Services rendered this Agreement or any transaction or matter connected with the Tutoring Services or the relationship between Client and indemnify. This clause shall not be read to provide indemnification for any Party if a competent court of law, rendering a final judgment, holds that the Party’s bad faith, gross negligence, or wilful misconduct caused the damage, liability, or loss.


Article 12 – TERMINATION:

This Agreement may be terminated by either party, upon notice in an email:

  1. if the other party commits a material breach of any term of this Agreement that is not capable of being remedied within fourteen (14) days or that should have been remedied within fourteen (14) days after a written request and was not, such as non-payment or non-performance;
  2. if the other party becomes unable to perform its duties hereunder, including a duty to pay or a duty to perform;

If this Agreement is terminated before the expiration of its natural term, Client hereby agrees to pay for all Tutoring Services rendered up to the date of termination.

Any termination of under this subpart shall not affect the accrued rights or liabilities of either Party under this Agreement or at law and shall be without prejudice to any rights or remedies either Party may be entitled to. Any provision or subpart of this Agreement which is meant to continue after termination or come into force at or after termination shall not be affected by this subpart.


Article 13 – RELATIONSHIP OF THE PARTIES:

The Parties forthwith acknowledge and agree that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the Parties and that this Agreement is for the sole and express purpose of the rendering of the specific Tutoring Services by the Tuition Provider to the Client under the terms and conditions herein.


Article 14 – GENERAL PROVISIONS:

  1. Language: All communications made or notices given pursuant to this Agreement shall be in the English language.
  2. Assignment: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party.
  3. Amendments: This Agreement may only be amended in writing and signed by both Parties.
  4. No Waiver: None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.
  5. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
  6. Headings: Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.
  7. Counterparts: This Agreement may be executed in counterparts, all of which shall constitute a single agreement.
  8. Force Majeure: Tuition Provider is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
  9. Notices and Electronic Communications Permitted: Any notice to be given under this Agreement shall be in writing and shall be sent by email, WhatsApp or text messages

Notices sent as text and WhatsAppTM messages shall be deemed to have been received instantly whereas emails are on the next working day after sending.

In proving the giving of a notice it shall be sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and dispatched and dispatch of the transmission was confirmed and/or acknowledged as the case may be.

Article 15 – CONSENT:

By accepting Tuition Services from Tuition Provider, paying the Tuition Fees or signing in to the Tuition Provider’s Online Services at https://cjonlinetutoring.co.zw/cladjnr/, of which all Webinar Lessons, Client hereby agrees to the terms and conditions set forth herein.

Tuition Provider

Clad Online Tutoring

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