End user agreement for language training services

(the “Agreement”)

13 Septermber 2024 (updated)
London

The Parties:

TUTORING SOLUTIONS LTD. а private company limited by shares incorporated and operating under the laws of the United Kingdom, registration number 12688740, address: 128 City Road, London, EC1V 2NX, United Kingdom (hereinafter referred to as "Tutoring Solutions"), and

A person purchasing services from Tutoring Solutions (the “User”).

The terms 'you' or 'your' refer to you as the User and the terms 'Tutoring Solutions', 'we', 'us', 'Company', and 'our' refer to Tutoring Solutions (TUTORING SOLUTIONS LTD). The term "Website" refers to https://britannia-onlineschool.co.uk and its subdomains.

1. Acceptance and amendment of this Agreement

1.1. By paying for our services, the User accepts this Agreement fully, unconditionally and without reservations.

1.2. Any User who accepts this Agreement represents to Tutoring Solutions that:

1.2.1. he/she is at least the age of majority (age of full legal capacity) under the legislation of their country and possesses full legal capacity to contract, or

1.2.2. if he/she is under the age of majority, that he/she is either an emancipated minor, or has obtained the legal consent of a parent or legal guardian in the form prescribed by applicable law for entering into this Agreement, and are fully able and competent to enter into this Agreement, and to comply with this Agreement, or

1.2.3. he/she is a parent or legal guardian of a minor and enters into this Agreement for and on behalf of such minor; by granting a minor with permission to use the services, parents or guardians agree to the terms of this Agreement on behalf of a minor and are responsible for exercising supervision over minor’s usage of the services. If your child does not have your permission, please contact us immediately so that we can disable access, and

1.2.4. no other third party consent or approval is required for the User to enter into and fulfill this Agreement.

Tutoring Solutions may at any time require the User to provide information and documents confirming the representations as described above, and the User shall provide such information and documents within fourteen (14) days after the request.

1.3. Tutoring Solutions may amend this Agreement at any time. The use of Tutoring Solutions' services by User after the effective date of any such amendment shall constitute an acceptance by him/her of such amendments to this Agreement. 

1.3.1.  You are not permitted to alter or amend this Agreement or any related document without our express written consent. Any attempt to do so will be void and unenforceable.

2. Subject of the Agreement

2.1. The subject of this Agreement is provision of fee based teaching, testing and consulting services by Tutoring Solutions.

2.2. Tutoring Solutions may engage any individuals and legal entities to ensure timely provision of quality services hereunder.

2.3. The services are provided to the User upon request, subject to a teacher’s availability, our acceptance of User's fees and other factors.

3. Appointment and change of a teacher, schedule

3.1. Tutoring Solutions appoints a teacher at its sole discretion, considering the User’s purpose of learning a foreign language, his/her fluency in it, the course chosen, as well as the User’s and teachers' time slots available for the classes. User's wish is taken into account in that regard. Tutoring Solutions will appoint teacher from those who appear on this Website under "Find a teacher" menu item.

3.2. The User may request Tutoring Solutions to change the teacher. Tutoring Solutions shall consider the request within forty eight (48) hours upon receipt, and reserves the right to refuse such request or prolong a duration of review.

3.3. The schedule is made on the basis of the course chosen, and the User’s and the teacher’s time slots available for classes.

3.4. Tutoring Solutions may change the teacher on reasonable grounds (illness, holidays, other circumstances) and shall notify the User of a change. If the User refuses to change the teacher, the User may suspend the services in accordance with this Agreement.

4. Classes

4.1. If at the commencement of a class, as scheduled, the teacher can't find a User in the virtual classroom, the teacher must try to contact Tutoring Solutions immediately. If the class is not cancelled ahead of time by the User, then the class is considered as held successfully and shall be paid for at 100% of its price. A class must be cancelled by the User at least 8 hours prior to the scheduled time of the class in order not to be charged for that class. The User may cancel a class eight (8) hours before it starts. If the User fails to do so, it shall be deemed that the User agrees with the scheduled time for a class, and if the User misses a class, the User will not be refunded for such a class. Late cancellations and no shows result in 100 percent of the class price to be paid.

4.2. If for five minutes following the scheduled beginning of a lesson the User does not see a teacher in the virtual classroom, the User shall contact Tutoring Solutions ASAP. A lesson not held at the teacher’s fault shall be rescheduled for another time reasonably acceptable for the User.

4.3. A lesson is considered duly conducted, if within one (1) hour following it the User does not communicate his/her complaint regarding the quality and timely conduction of a class to Tutoring Solutions.

4.4. Following completion of a course, Tutoring Solutions will provide the User (via e-mail) with a certificate in a PDF format proving that the User reached a certain level of proficiency in a foreign language that was learnt by the User. Tutoring Solutions does not warrant that the User will perfectly master any level of proficiency in a foreign language learnt: this depends on the time dedicated to learning, the abilities of the User and the efforts made (including memorising words and expressions, listening to teaching materials, etc.). The certificate is given for an informational and reference purposes only, and estimation of the User’s fluency done by Tutoring Solutions may vary from estimation done by any third parties. A printed certificate bearing a holographic sticker and a round gold foil seal can be purchased for £29 plus shipping. It’s sent to User upon his/her request by express post (DHL, UPS, FedEx etc.). Your digital certificate as a permanent web page on this Website will be available free of charge.

4.5. Tutoring Solutions reserves the right to record an online class session and keep it for a period of up to 1 month from the day of recording for lessons quality control.

4.6. The User may cancel not more than one (1) class per month in case they study once a week;  The User may cancel not more than two (2) classes per month in case they study twice a week; The User may cancel not more than three (3) classes per month in case they study thrice a week. Same policy applies to rescheduling lessons. Namely, The User may reschedule not more than one (1) class per month in case they study once a week;  The User may reschedule not more than two (2) classes per month in case they study twice a week; The User may reschedule not more than three (3) classes per month in case they study thrice a week.

4.7. Tutoring Solutions, including acting through a teacher, may reschedule classes with twenty four (24) hours prior notice to the User.

5. Technical requirements

5.1. The User is responsible for meeting minimal technical requirements throughout the class and for setting up the workplace before the class. Tutoring Solutions is not responsible for failure to provide services or their inadequate quality if such are caused by the lack of necessary software or technical problems with Internet connection. We recommend using a computer for our online classes (eg, notebook). If the User decides to use a mobile device (eg, smartphone or tablet), it's their responsibility that it would be technically possible for our teacher to conduct a lesson. If it wouldn't be technically possible, no refunds will be offered.

5.2. Minimal PC system requirements:

Operating system: Windows 7/8/8.1/10/11, Mac OS X 10.12 and upper; Ubuntu Linux (Desktop Edition) 16.04 and upper.

Browser: Google Chrome/ Opera/ Mozilla Firefox/ Safari latest stable version;

RAM: 4 GB or more;

CPU: Pentium Gold, Intel i3, i5, i7 at least 4-th generation OR AMD Ryzen 3, 5, 7 any generation;

Internet connection speed: 10 Mb/s or faster;

Access to microphone and web camera. The latter is optional.

6. Suspension of classes

6.1. The User may suspend the services while reserving the classes schedule subject to the following:

6.1.1. Suspension shall not be more than for fourteen (14) days with a schedule reserved;

6.1.2. At the date of suspension (or immediately following the end of the last class before suspension) there is at least one (1) prepaid class available to the User;

6.1.3. The User communicates to Tutoring Solutions the date and time of:

The last class before suspension,

The first class after suspension.

6.2. If the User needs to suspend the services once again, the User may suspend the classes by notifying Tutoring Solutions 24 hours prior to the start of a nearest class; in this case the reservations of time for the User’s classes in teacher’s schedule will be cancelled. Upon renewal of classes the User and Tutoring Solutions shall define a new schedule. The User and Tutoring Solutions also define a new schedule in case when suspension of classes is longer than fourteen (14) days.

7. Price

7.1. The services are fee based and are paid for 100% in advance. At a sole discretion of Tutoring Solutions we can accept cash payments made after each lesson when it is possible. Such payments can be made in a local currency of User converted at the official rate of exchange. We issue invoices in GBP only.

7.2. The payment is deemed made when the money are credited to an account of Tutoring Solutions or third parties collecting payments on behalf of Tutoring Solutions.

7.3. The User is solely responsible for the correctness of a payment made.

7.4. The User is solely responsible for paying for the services of third parties (such as communication services, Internet, etc.) required to receive Tutoring Solutions services.

7.5. The payments for Tutoring Solutions services are processed by a company operating under the agreement with Tutoring Solutions.

7.6. Tutoring Solutions does not process the personal data of the payers provided in connection with such payments. Tutoring Solutions does not maintain bank card details on its resources.

7.7. We do not charge any registration fees.

7.8. All sales are final. However, at a sole discretion of Tutoring Solutions we can issue a refund. A written request for a refund shall be considered if made within 30 days from the date of purchase.

7.9. All our lessons expire 12 months after the purchase date. Expired lessons are unable to be scheduled (ie., you must use them within one year from the date of purchase). We don't reactivate expired lessons after 1 year from their purchase date.

8. User’s data

8.1. The User shall provide to Tutoring Solutions all data requested by the Website or Tutoring Solutions, which are necessary for provision of the services.

8.2. Tutoring Solutions shall process the User’s data in accordance with the Agreement on the processing of personal data, available at https://britannia-onlineschool.co.uk/en/privacy-policy, which is incorporated herein by reference.

8.3. Tutoring Solutions undertakes not to disclose confidential information provided by the User in connection with performance of this Agreement to any third party without the User’s prior consent.

8.4. Tutoring Solutions may use email, phone number and other data the User provided upon registration on the Website for sending receipts, information and promotional materials to the User.

9. Confidentiality

9.1. The User shall not disclose any confidential information or other data provided by Tutoring Solutions in the course of performance of this Agreement (except for information available to public) to any third party without a prior written consent from Tutoring Solutions.

10. Communications

10.1. Notice of cancellation or rescheduling of a class:

10.1.1. Where the class schedule is changed by Tutoring Solutions, the User shall be notified by email, as indicated upon registration;

10.1.2. To change the teacher, class schedule or suspend the classes, the User shall notify Tutoring Solutions via a) a message to the users support chat; b) send Tutoring Solutions an email request for rescheduling or cancellation or c) call the number indicated on the Website in the Contact section at:
https://britannia-onlineschool.co.uk/en/company/contact

11. Liability

11.1. Liability of Tutoring Solutions for cancelling a class is limited to refund of the price paid for such class or to rescheduling of a class to another time.

11.2. Liability of Tutoring Solutions for provision of the services in other cases is limited to the price of a current subscription plan and/or a single lesson selected and paid for by the User.

11.3. The Parties shall not be liable for breach of their obligations under this Agreement, if such breach resulted from a circumstance or event which could not be reasonably foreseen (force majeure), including floods, other natural disasters, military actions, decisions and actions of public authorities or other events. A certificate issued by an authorised body shall be a proper confirmation of the existence of force majeure circumstances and their duration for the Parties.

11.4. Tutoring Solutions may refuse the service, if it has reasonable grounds to believe that the User:

11.4.1. Behaved inappropriately at the class (e.g., was rude);

11.5. In the case:

11.5.1. During the 12 month period following the payment, the User has less than the maximum number of classes provided for by a subscription plan chosen by the User, Tutoring Solutions services are considered rendered properly, and the User is not entitled to any refund. Accordingly, same 12 month rule applies to any single lessons chosen and paid for by the User (i.e. in case when a lesson is paid for by the User and he/she for whatever reason didn't attend it while there was a teacher available to conduct that lesson). The same is true if the User cancels their lesson and then for whatever reason does not reschedule it within 12 months from a date of a cancelled lesson while there is a teacher willing to take that lesson.
11.5.2. Lesson sessions of any plan are valid for 12 months from the date of purchase. Your unused lessons will expire after 12 months from the date of purchase. In other words, you must use all of your lesson credits maximum within a year. They don't roll over beyond 12 months period. Tutoring Solutions is responsible for providing an available teacher for you to use your lesson credits within that 12 months period.

12. Termination of this Agreement

12.1. The User may terminate this Agreement unilaterally by notifying Tutoring Solutions in writing of his/her intention to terminate this Agreement. Tutoring Solutions will consider if the User is entitled to a refund in proportion of the services not rendered by Tutoring Solutions, but subject to Tutoring Solutions withholding the payment processing expenses it incurred.

12.2. Refund, if any, shall be made within ten (10) calendar days following the termination date. Tutoring Solutions shall consider a claim, if any, regarding the quality of the services within 10 calendar days. To ask for a refund, the User shall send an e-mail request for cancellation and a refund from e-mail address he/she used to register.

12.3. If after termination of this Agreement the User decides to renew the classes, the price of the classes will be defined according the prices then in effect.

13. Applicable law and resolution of disputes

13.1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

13.2. All disputes or controversies arising out of or in connection with this Agreement shall be resolved by negotiations as follows:

13.2.1. An aggrieved Party shall communicate a written claim to the other Party by email;

13.2.2. If within fifteen (15) calendar days the aggrieved Party does not receive a response or the Parties do not reach an agreement, the aggrieved Party may refer the dispute to court.

13.3. Without limitation of the consumer rights as regards to the place of dispute resolution, if the claim is brought against Tutoring Solutions in the UK, it shall be brought to the courts of London.

 
14. Links to other websites
14.1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Tutoring Solutions.
14.2.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
14.3.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

15. Miscellaneous

15.1. In the event any provision of this Agreement is held to be invalid, void or unenforceable, other provisions of this Agreement shall remain in full force in effect.