Terms

The following are the Terms and Conditions you agree to when you choose UES to provide tuition services to you.

The Company draws the Customer’s attention to clause 9 in particular.
 
This Agreement, together with our Privacy Policy and Child Protection Policy, tells you information about us and the legal terms and conditions on which we provide the Services to you. Please read this Contract carefully and make sure that you understand it, before ordering the Services. Please note that before placing an order you will be asked to agree to this Contract. Please tick the box marked [“I agree to the Terms and Conditions”] when confirming your order online or sign the Contract when confirming your order in person if you agree to be legally bound by these terms and conditions.

By submitting an order to UES Education Ltd of 37 Crawford St, London, W1H 1HA, Reg Co. No. 08490313, (the “Company” ) and you (the “Customer” ) consent to the following terms and conditions (the “Conditions” ):

  1. Contract
    1. An Order, submitted in accordance with clause 4 constitutes an offer by the Customer to contract with the Company on these Conditions.
    2. The Order shall be deemed accepted upon written confirmation from the Company, at which point a contract is formed on the basis of these Conditions (the “Contract”).  Each Order accepted by the Company constitutes a separate Contract under these Conditions.
    3. The Contract shall constitute the entire agreement of the parties.  The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Company which is not set out in these Conditions.
  1. Services
    1. “Services” may include the provision of Private Lessons, Class Lessons, Application Support Sessions, Editing/Proofreading Tuition Services, and/or Mock Exams as agreed with the Company, and shall be given by a tutor arranged  by the Company (the “Tutor”) to such person as the Customer shall nominate (the “Student”).
    2. A “Private Lesson” shall consist of tuition by a Tutor to the Student. Private Lessons shall be for only one Student, unless otherwise agreed in writing with the Company.  Private Lessons agreed for more than one Student shall still be considered Private Lessons for the purposes of these Conditions.
    3. A “Class Lesson” shall consist of at least one hour’s tuition by the Tutor to the Student and a group of other students.
    4. A "Application Support Sesson" shall consist of guidance by a Tutor for a Student. Application Support Sessons shall be for only one Student, unless otherwise agreed in writing with the Company.
    5. “Editing/Proofreading Tuition Services” means the provision of online editing or proofreading services.
    6. A “Mock Exam” shall consist of a practice exam invigilation by a tutor/tutors for a group of Students.  The number of Students in Mock Exams shall not exceed 20.
    7. Subject to written approval by the Company, Private Lessons, Application Support Sessions, and/or Editing/Proofreading Tuition Services shall be held at such premises nominated by the Customer (the “Tuition Premises”).  Class Lessons/Mock Exams shall be held at the premises used by the Company (the “Company Premises”) or such other premises as the Company decides, provided it gives notice to the Customer in writing.
    8. By nominating the Tuition Premises to the Company, the Customer confirms that he/she has the legal authority and permission to host the Private Lessons at the Tuition Premises, and that the Tuition Premises are suitable, adequate and safe.
    9. The Private Lessons, Class Lessons and Mock Exams are offered as preparation for the exams listed on the Company’s website.  It is the responsibility of the Customer and/or Student to arrange to take the relevant exams and the Company has no responsibility/liability in this respect.
  1. Tutors: qualification and background checks
    1. The Company confirms that the Tutors are sufficiently qualified to provide the Services in the opinion of the Company at its sole discretion.
    2. The Company confirms that before providing the Services each Tutor is subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service including a check against the adults’ barred list or the children’s barred list, as appropriate.
    3. The Company shall monitor the level and validity of the checks under clause 3(b) for each Tutor.
  1. Orders, Fees and Payment
    1. The Customer shall purchase the Services in 15 minute or hour long increments as directed by the Company (“Lesson Slots”).
    2. The Customer shall notify the Company in writing of the number of Lesson Slots he/she would like to order from the Company.  This shall constitute the “Order”.
    3. The Company shall confirm the Order and the fees for the Order (the “Fees”), in writing to the Customer.
    4. The Company reserves the right to charge additional fees for travel to Tuition Premises other than the company address (“Travel Charges”).  The Company will confirm the Travel Charges to the Customer before the commencement of the Services.
    5. The Customer shall make payment of the Fees and the Travel Charges monthly in advance of lessons, unless otherwise agreed in writing by the Company. The Customer shall confirm the payment schedule with Company in writing before the commencement of Services.
    6. Subject to clause 4(i), the Customer shall make payment of the Fees and the Travel Charges within 5 days of receipt of the relevant invoice or payment request, by such method specified.
    7. The Customer acknowledges that payments in arrears other than Direct Debit may incur additional administration charges. The details of these administration charges will be provided by the Company to the Customer prior to payment.
    8. The Customer acknowledges that certain payment methods may incur additional processing charges. The details of these processing charges will be provided by the Company to the Customer prior to payment. 
    9. The date of the first Private Lesson, Class Lesson, Application Support Session, Mock Exam or Editing/Proofreading Tuition Services under the Contract Order, whether or not such Services actually occur, or 5 days within the receipt of invoice for such services, whichever is the sooner, shall be deemed the “First Due Date” for payment for that first Private Lesson, Class Lesson, Application Support Session, Mock Exam or Editing/Proofreading Tuition Services purchased. After the First Due Date, the deemed “Due Date” for payment for Private Lessons and Editing/Proofreading Tuition Services will be within 5 days of receipt of invoice or payment request and invoices will usually be rendered in arrears (but the Company reserves its right to invoice in advance). The deemed “Due Date” for payment for Mock Exams and Class Lessons shall be within 5 days of receipt of invoice and invoices will be rendered in advance.
    10. Should the Customer fail to pay the Fees and/or the Travel Charges by the First Due Date/Due Date, the Customer shall pay interest on the outstanding amount at a rate of 5% per annum above the base rate at the Bank of England from time to time.  Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount.
    11. The Customer agrees that he/she is responsible for the payment of fees levied by tutors for the provision to the Customer of Private Lessons and Editing/Proofreading Tuition Services, including any Travel Charges (“Tutor Fees”).
    12. The Customer grants permission to the Company to pay the Tutor Fees to the Customer’s tutors on behalf of the Customer.
    13. The Customer acknowledges that the Fees and Travel Charges paid by the Customer to the Company include the payment of Tutor Fees, as set out in all invoices that the Company issues to the Customer.
  1. Cancellation of Services and Refunds
    1. The Customer shall provide the Company with at least 48 hours’ notice for the cancellation of a Private Lesson, Application Support Session, Mock Exam or Editing/Proofreading Tuition Services.
    2. If the Student is not present at the Tuition Premises for a Private Lesson, Application Support Session, Mock Exam or Editing/Proofreading Tuition Services and the Customer is not reachable, the Tutor will wait for 15 minutes from the starting time of the lesson.  Any time waiting will be deducted from the lesson time.  If at the end of 15 minutes, the Student is still not present, the Private Lesson shall be deemed cancelled and clause 5(e) shall apply.
    3. Notice of cancellation of a Private Lesson, Application Support Session, Mock Exam or Editing/Proofreading Tuition Services may be given to the Tutor or to the Company by the Customer in writing (including by email).
    4. If the Customer provides 48 hours’ notice or more before the cancellation of a Private Lesson, Application Support Session, Mock Exam or Editing/Proofreading Tuition Services, the Customer shall be entitled to rearrange the Private Lesson or request a refund of the Fees.
    5. In the event that the Customer fails to provide the notice set out in Clause 5(a), the Customer shall forfeit any right to refund or rescheduling and the Fees and Travel Charges shall still be due.
    6. The Customer shall provide at least 4 weeks’ notice for the cancellation of Class Lessons. 
    7. In the event of the cancellation of Class Lessons, the following refund conditions shall apply:
      1. if the Customer cancels with 4 weeks’ notice or more, the Company shall issue a refund of 100% of the Fees paid by the Customer;
      2. if the Customer cancels with 3 – 4 weeks’ notice, the Company shall issue a refund of 75% of the Fees paid by the Customer;
      3. if the Customer cancels with 2-3 weeks’ notice, the Company shall issue a refund of 50% of the Fees paid by the Customer; and
      4. if the Customer cancels with less than 2 weeks’ notice, no refund shall be issued to the Customer.
    8. In the event that the Tutor arrives late to provide the Services, the Customer shall be entitled to the lost time either as an extension of the relevant lesson beyond its originally scheduled time or as an extension of a future lesson. 
    9. In the event that the Tutor fails to arrive to provide the Services, the Customer shall be entitled to reschedule the Services for another date, as agreed by the Company.
    10. Under the circumstances set out in 5(h) and 5(i), if the Tutor is unable to reschedule the lost time, the Customer shall be entitled to a refund of the Fees and Travel Charges for the unused time.
    11. Travel Charges will only be refunded to the Customer if no tuition occurred.
    12. Save for the refund in 5(j), all other refunds from the Company to the Consultant in this clause 5 shall be subject to a £15 administration fee which shall be deducted from the refund payable by the Company to the Customer.
  1. Termination and Cooling-Off Period
    1. The Customer has a legal right to cancel this Contract during the period set out below in clause 6(b) This means that during the relevant period if the Customer changes their mind or decides for any other reason that they do not want to receive the Services, they can notify the Company of their decision to cancel the Contract and receive a refund.
    2. The Customer has 14 days to cancel the Contract commencing from the date upon which the Customer receives written confirmation of their order from the Company in accordance with clause 1.b.
    3. If the Customer would like to cancel the Contract, the Customer must notify the Company of the decision to cancel in writing. The Company will acknowledge cancellations by email.
    4. If the Customer cancels the Contract within the cooling-off period, the Company will refund any charges that the Customer has paid in advance of receiving any Services. However, if the Customer cancels the Contract and the Company have already started to provide the Services, the Customer will pay the Company any costs reasonably incurred in starting to fulfil the Contract, and this charge will be deducted from any refund that is due to the Customer or, if no refund is due to the Customer, invoiced on receipt of the notice of cancellation by the Company. The Company will tell the Customer what these costs are when the Company acknowledges the notice of cancellation.
    5. Unless terminated earlier under this agreement, the Contract will terminate when the Company has provided all the Services purchased by the Customer and the Customer has paid for these in accordance with these Conditions.
    6. The Company may terminate the Contract on 7 days’ written notice to the Customer and without providing the Customer or the Student with reasons for the termination.
    7. In the event of a termination under clause 6(f), the Customer shall be due a refund of all Fees for Services yet to be provided (less any unpaid fees for lessons or travel). Any Fees owed by the Customer to the Company for Services already provided shall immediately fall due and interest shall accrue in accordance with clause 4(h).
    8. Following the expiry of the cooling off period in 6(b) above, the Customer may terminate the Contract with 14 days’ notice in writing to the Company. Subject to the provisions in clause 5, the Customer shall be due a refund of all Fees for Services yet to be provided.
  1. Intellectual Property
    All tuition materials and any other materials used by the Tutor to provide the Services (and any intellectual property rights therein) are the property of or licensed by the Company, and nothing in these Conditions serves to transfer any rights in such materials to the Customer/Student.The tuition materials may not be reproduced, photocopied, reused or made available to others without the written consent of the Company.
  1. Data Protection
    1. The Company shall comply with the GDPR (2018) and other relevant data protection legislation concerning the processing of the personal data of the Customer and the Student. 
    2. The Customer and Student consent to the use of the data by the Company for the purposes of providing the Services such as arranging Tutors, billing and collecting Fees and general contact with the Customer and/or Student from time to time. 
  1. Limitation of Liability
    1. Nothing in these Conditions shall limit or exclude the Company’s liability for death or personal injury, caused by its negligence or the negligence of its Tutors, or fraud or fraudulent misrepresentation.
    2. The Company shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any direct, indirect or consequential loss arising under or in connection with the Contract.
    3. The Company’s total liability to the Customer in respect of all losses under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of Fees paid by the Customer under that Contract.
    4. The Company makes no guarantee as to the performance of the Student on any exam or work and shall not be responsible for the Student failing to obtain any result on an exam.
  1. Complaints/Disputes
    1. The Customer shall deliver any complaint to the Company in accordance with clause 11(c).  Failure to do so will constitute a waiver by the Customer of any legal rights or remedies.
    2. The Company shall use its reasonable endeavours to resolve any complaints raised by the Customer.
  1. Miscellaneous
    1. The Company may amend these Conditions on 28 days’ notice to the Customer. If the Customer does not terminate the Contract in accordance with clause 6 before the expiry of the 28 day notice period, the Customer is deemed to have agreed to be bound by the changes.
    2. The Lesson Slots are non-transferable.
    3. Unless specified otherwise in these Conditions, notice from the Customer to the Company must be given to the Company in writing.  “In writing” includes sending by first class post or email to the addresses provided by the Company to the Customer.  Notice sent by first class post shall be deemed delivered 3 days after posting.  Notice sent by email shall be deemed delivered upon sending (unless an out of office or undelivered message is received, in which case notice is not validly given).
    4. Any Fees paid but not used for the Services expire one year from the date of payment.
    5. If any part of these Conditions is deemed unenforceable, the enforceability of any other part of these Conditions will not be affected.
    6. A person who is not a party to the Contract shall not have any rights to enforce its terms.
    7. These Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
    8. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
 

Consultancy

The following are the Terms and Conditions you agree to when you choose UES to provide consultancy services to you.

The Company draws the Customer’s attention to clause 5 in particular.
 
This Agreement, together with our Privacy Policy and Child Protection Policy, tells you information about us and the legal terms and conditions on which we provide the Services to you. Please read this Contract carefully and make sure that you understand it, before ordering the Services. Please note that before placing an order you will be asked to agree to this Contract. Please tick the box marked [“I agree to the Terms and Conditions”] when confirming your order online or sign the Contract when confirming your order in person if you agree to be legally bound by these terms and conditions.

By submitting an order to UES Education Ltd of 37 Crawford St, London, W1H 1HA, Reg Co. No. 08490313, (the “Company” ) and you (the “Customer” ) consent to the following terms and conditions (the “Conditions” ):

  1. Contract
    1. An Order, submitted in accordance with clause 4, constitutes an offer by the Customer to contract with the Company on these Conditions.
    2. The Order shall be deemed accepted upon written confirmation from the Company, at which point a contract is formed on the basis of these Conditions (the “Contract”). Each Order accepted by the Company constitutes a separate Contract under these Conditions.
    3. The Contract shall constitute the entire agreement of the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Company which is not set out in these Conditions.
  1. Services
    1. “Consultancy Services” may include the provision of Application Support, College Counselling, College Essay Guidance, Editing/Proofreading Services, Funding Advice, and/or other services agreed with the Company, and shall be given by a consultant arranged by the Company (the “Consultant”) to such person as the Customer shall nominate (the “Student”).
    2. Consultancy Services shall consist of guidance by a Consultant for a Student. Consultancy Services shall be for only one Student, unless otherwise agreed in writing with the Company.
    3. “Application Support” means offering general advice on applications, including helping a student to build an academic and extracurricular profile, and advice on applying to particular colleges through their application portals.
    4. “College Counselling” means offering guidance on the colleges to which a student has expressed interest in applying and matching a student with suitable colleges.
    5. “College Essay Guidance” means offering feedback on students’ college application essays.
    6. “Editing/Proofreading Tuition Services” means the provision of online editing or proofreading services.
    7. “Funding Advice” means guiding students on financial aid and scholarship opportunities to finance their education.
    8. Application Support, College Counselling, College Essay Guidance, Editing/Proofreading Services, and Funding Advice services shall usually be held at the premises used by the Company (the “Company Premises”), or such other premises as the Company decides, provided it gives notice to the Customer in writing, or such premises nominated by the Customer (the “Consultancy Premises”), subject to written approval by the Company.
    9. By nominating the Consultancy Premises to the Company, the Customer confirms that he/she has the legal authority and permission to host the Consultancy Sessions at the Consultancy Premises, and that the Consultancy Premises are suitable, adequate and safe.
    10. It is the responsibility of the Customer and/or Student to arrange to meet all application and test registration deadlines and the Company has no responsibility/liability in this respect.
  1. Consultants: qualification and background checks
    1. The Company confirms that the Consultants are sufficiently qualified and experienced to provide the Services in the opinion of the Company at its sole discretion.
    2. The Company confirms that before providing the Services each Consultant is subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service including a check against the adults’ barred list or the children’s barred list, as appropriate.
    3. The Company shall monitor the level and validity of the checks under clause 3(b) for each Consultant.
  1. Orders, Fees and Payment
    1. The Customer can purchase the Services either as a package (the “Package”) which can either cover an application year (“Single Year Package”) or one whole application cycle (a “Full Package”), or on an hourly basis for an individual session (a “Session”).
    2. The Customer shall notify the Company in writing of whether he/she would like to order a Single Year Package, Full Year Package, or a number of Sessions from the Company. This shall constitute the “Order”.
    3. The Company shall confirm the Order and the fees for the Order (the “Fees”), in writing to the Customer.
    4. In the case of Packages, the Fees are due by the 1st August in each application year, or as soon as the Customer wishes to engage the Company’s Services. The Customer must make payment of the Fees before the Company commences the delivery of the Services.
    5. The Company reserves the right to charge additional fees for travel to Consultancy Premises other than the company address (“Travel Charges”). The Company will confirm the Travel Charges to the Customer before the commencement of the Services.
    6. In the case of Sessions, the Customer shall make payment of the Fees and the Travel Charges monthly in advance of sessions, unless otherwise agreed in writing by the Company. The Customer shall confirm the payment schedule with the Company in writing before the commencement of Services.
    7. Subject to clause 4(i), the Customer shall make payment of the Fees and the Travel Charges within 5 days of receipt of the relevant invoice or payment request, by such method specified.
    8. The Customer acknowledges that payments in arrears other than Direct Debit may incur additional administration charges. The details of these administration charges will be provided by the Company to the Customer prior to payment.
    9. The Customer acknowledges that certain payment methods may incur additional processing charges. The details of these processing charges will be provided by the Company to the Customer prior to payment.
    10. The date of the first Session, whether or not such Services actually occur, or 5 days within the receipt of invoice for such services, whichever is the sooner, shall be deemed the “First Due Date” for payment for that first Session. After the First Due Date, the deemed “Due Date” for payment for Session will be within 5 days of receipt of invoice or payment request.
    11. Should the Customer fail to pay the Fees and/or the Travel Charges for Sessions by the First Due Date/Due Date, the Customer shall pay interest on the outstanding amount at a rate of 5% per annum above the base rate at the Bank of England from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount.
    12. The Customer agrees that he/she is responsible for the payment of fees levied by consultants for the provision to the Customer of the Consultancy Services, including any Travel Charges (“Consultant Fees”).
    13. The Customer grants permission to the Company to pay the Consultant Fees to the Customer’s consultants on behalf of the Customer.
    14. The Customer acknowledges that the Fees and Travel Charges paid by the Customer to the Company include the payment of Consultant Fees, as set out in all invoices that the Company issues to the Customer.
  1. Delivery of Services and Professional Guidelines
    1. For the purposes of the delivery of the services, an ‘application year’ is calculated from 1st August to 31st July
    2. The Single Year Package entitles the Customer to up to 30 hours of Services in the application year preceding a student’s university applications, or 40 hours of Services in the year of a student’s university applications.
    3. The Full Package entitles the Customer to up to 70 hours of Services over two application years: the application year preceding a student’s university applications and the application year of a student’s university applications.
    4. In the case of the Full Package, the Customer may carry over the hours from one application year to the next. In the case of the Single Year package, the allocation of hours applies to that application year only.
    5. The Services will be delivered at the Premises as set out in Clause 2(h) and 2(i) and may also be delivered in the form of telephone calls, online telecommunications software, or written communications, including email.
    6. The Company will keep a written record of the number of hours that the Customer has booked as part of a Package in each month, and will notify the Customer on a monthly basis of the number of hours used and hours remaining in the Package
    7. Services delivered through telecommunications and written communications, including email, will be counted towards the Package in the same way as Services delivered at the Premises.
    8. If the Customer books a session for the delivery of the Services as part of a Package and wishes to cancel the session, the Customer must adhere to the cancellation policy as set out in Clause 6(b)
    9. If the Customer gives less than the required notice as set out in Clause 6(b) for a session, the time will be counted towards the Customer’s Package and the Customer will not be entitled to reschedule that time or to a refund for that time.
    10. When a Customer books a Package, the Services will be coordinated by one main Consultant, but other Consultants may be appointed to deliver aspects of the Services, such as College Essay Guidance.
    11. The Customer agrees to respect the advice of the Consultants throughout the process of applying to universities, including choices of university, application essays, and all other aspects of the application that the Consultant deems relevant.
    12. The Consultants will provide their best endeavours when delivering the Services to support the student’s university applications.
    13. The Company will deliver the Services within the professional framework provided by NACAC guidelines, which can be read in detail here . The Customer agrees to respect the professional code of practice set out in the NACAC guidelines.
    14. The Company reserves the right to terminate the services if the Customer or student asks a Consultant to breach NACAC guidelines or otherwise compromise the integrity of the student’s applications.
    15. The Company reserves the right to terminate the services if the Customer or student fails to respect the Consultant’s advice as set out in Clause 5(k)
  1. Cancellation of Services and Refunds
    1. The Customer shall provide the Company with at least 48 hours’ notice for the cancellation of a Session.
    2. The Customer shall also provide the Company with at least 48 hours’ notice for the cancellation of a Session delivered as part of a Package.
    3. If the Student is not present at the Consultancy Premises for a Session and the Customer is not reachable, the Consultant will wait for 15 minutes from the starting time of the session. Any time waiting will be deducted from the session time. If at the end of 15 minutes, the Student is still not present, the Session shall be deemed cancelled and clause 6(f) shall apply.
    4. Notice of cancellation of Sessions may be given to the Consultant or to the Company by the Customer in writing (including by email).
    5. If the Customer provides 48 hours’ notice or more before the cancellation of a Session, the Customer shall be entitled to rearrange the Session or request a refund of the Fees without financial penalty.
    6. In the event that the Customer fails to provide the notice set out in Clause 6(a) for a Session, the Customer shall forfeit any right to refund or rescheduling and the Fees and Travel Charges shall still be due.
    7. In the event that the Customer fails to provide the notice set out in Clause 6(b) for a Session delivered as part of a Package, the Session will be counted towards the Package hours and the Customer shall forfeit any right to rescheduling or refund.
    8. In the event of the cancellation of a Full Package, the following refund conditions shall apply:
      1. if the Customer cancels before 1st August of the final application year, the Company shall issue a refund of 50% of the Fees paid by the Customer, unless the number of calculable hours remaining is less than 32.5 hours, in which case the remaining hours will be refunded at £125 inc VAT per hour;
      2. if the Customer cancels between 1st August and 30th September of the second application year, the Company shall issue a refund of 25% of the Fees paid by the Customer, unless the number of calculable hours remaining is less than 16.5 hours, in which case the remaining hours will be refunded at £125 inc VAT per hour;
      3. if the Customer cancels after the 30th September of the second application year, no refund shall apply.
      4. if the Customer fails to use all of the allocated hours in a Full Package but does not cancel the services, no refund shall apply.
    9. In the event of the cancellation of a Single Year Package, the following refund conditions shall apply:
      1. if the Customer cancels within two months of the commencement of the Services but after the Cooling-Off Period as set out in Clause 7(b), the Company shall issue a refund of 25% of the Fees paid by the Customer, unless the number of hours remaining is less than 25% of the allocated hours for that year, in which case the remaining hours will be refunded at £125 inc VAT per hour;
      2. if the Customer cancels after two months of the commencement of the Services, no refund shall apply.
      3. If the Customer fails to use all of the allocated hours in a Single Year Package but does not cancel the services, no refund shall apply.
    10. In the event that the Company decides to terminate the Customer’s Services for a Full Package or Single year Package, the above refund conditions also apply as set out in clauses 6(h) and 6(i).
    11. In the event that the Consultant arrives late to provide the Services, the Customer shall be entitled to the lost time either as an extension of the relevant lesson beyond its originally scheduled time or as an extension of a future Session.
    12. In the event that the Consultant fails to arrive to provide the Services, the Customer shall be entitled to reschedule the Services for another date, as agreed by the Company.
    13. Under the circumstances set out in 6(k) and 6(l), if the Consultant is unable to reschedule the lost time, the Customer shall be entitled to a refund of the Fees and Travel Charges for the unused time.
    14. Travel Charges will only be refunded to the Customer if no Consultancy Services occurred.
    15. Save for the refund in 6(m), all other refunds from the Company to the Consultant in this clause 5 shall be subject to a £15 administration fee which shall be deducted from the refund payable by the Company to the Customer.
  1. Termination and Cooling-Off Period
    1. The Customer has a legal right to cancel this Contract during the period set out below in clause 7(b) This means that during the relevant period if the Customer changes their mind or decides for any other reason that they do not want to receive the Services, they can notify the Company of their decision to cancel the Contract and receive a refund.
    2. The Customer has 14 days to cancel the Contract commencing from the date upon which the Customer receives written confirmation of their order from the Company in accordance with clause 1(b)
    3. If the Customer would like to cancel the Contract, the Customer must notify the Company of the decision to cancel in writing. The Company will acknowledge cancellations by email.
    4. If the Customer cancels the Contract within the cooling-off period, the Company will refund any charges that the Customer has paid in advance of receiving any Services. However, if the Customer cancels the Contract and the Company have already started to provide the Services, the Customer will pay the Company any costs reasonably incurred in starting to fulfil the Contract, and this charge will be deducted from any refund that is due to the Customer or, if no refund is due to the Customer, invoiced on receipt of the notice of cancellation by the Company. The Company will tell the Customer what these costs are when the Company acknowledges the notice of cancellation.
    5. Unless terminated earlier under this agreement, the Contract will terminate when the Company has provided all the Services purchased by the Customer and the Customer has paid for these in accordance with these Conditions.
    6. The Company may terminate the Contract on 7 days’ written notice to the Customer and without providing the Customer or the Student with reasons for the termination.
    7. In the event of a termination under clause 7(f), the Customer shall be due a refund of all Fees for Services yet to be provided (less any unpaid fees for Sessions or travel). Any Fees owed by the Customer to the Company for Services already provided shall immediately fall due and interest shall accrue in accordance with clause 4(k).
    8. Following the expiry of the cooling off period in 7(b) above, the Customer may terminate the Contract with 14 days’ notice in writing to the Company. Subject to the provisions in clause 6, the Customer shall be due a refund of all Fees for Services yet to be provided.
  1. Intellectual Property
    All consultancy materials and any other materials used by the Consultant to provide the Services (and any intellectual property rights therein) are the property of or licensed by the Company, and nothing in these Conditions serves to transfer any rights in such materials to the Customer/Student. The consultancy materials may not be reproduced, photocopied, reused or made available to others without the written consent of the Company.
  1. Data Protection
    1. The Company shall comply with the GDPR (2018) and other relevant data protection legislation concerning the processing of the personal data of the Customer and the Student.
    2. The Customer and Student consent to the use of the data by the Company for the purposes of providing the Services such as arranging Consultants, billing and collecting Fees and general contact with the Customer and/or Student from time to time.
    3. The Customer also grants the Company the right to communicate with relevant teachers and professionals in the student’s school regarding the student’s applications, including letters of recommendation. Granting the Company this right does not grant the Customer the right to see letters of recommendation, which may be shared in confidence with the Company.
  1. Limitation of Liability
    1. Nothing in these Conditions shall limit or exclude the Company’s liability for death or personal injury, caused by its negligence or the negligence of its Consultants, or fraud or fraudulent misrepresentation.
    2. The Company shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any direct, indirect or consequential loss arising under or in connection with the Contract.
    3. The Company’s total liability to the Customer in respect of all losses under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of Fees paid by the Customer under that Contract.
    4. The Company makes no guarantee of entry to any universities nor shall it be held responsible or liable if a student does not receive an offer of admission at the colleges to which he or she has applied.
  1. Complaints/Disputes
    1. The Customer shall deliver any complaint to the Company in accordance with clause 12(c). Failure to do so will constitute a waiver by the Customer of any legal rights or remedies.
    2. The Company shall use its reasonable endeavours to resolve any complaints raised by the Customer.
  1. Miscellaneous
    1. The Company may amend these Conditions on 28 days’ notice to the Customer. If the Customer does not terminate the Contract in accordance with clause 7 before the expiry of the 28-day notice period, the Customer is deemed to have agreed to be bound by the changes.
    2. The Lesson Slots are non-transferable.
    3. Unless specified otherwise in these Conditions, notice from the Customer to the Company must be given to the Company in writing. “In writing” includes sending by first class post or email to the addresses provided by the Company to the Customer. Notice sent by first class post shall be deemed delivered 3 days after posting. Notice sent by email shall be deemed delivered upon sending (unless an out of office or undelivered message is received, in which case notice is not validly given).
    4. Any Fees paid but not used for the Services expire one year from the date of payment. Unused Package hours are not considered under this clause but are subject to the terms set out in Clauses 6(h) and 6(i).
    5. If any part of these Conditions is deemed unenforceable, the enforceability of any other part of these Conditions will not be affected.
    6. A person who is not a party to the Contract shall not have any rights to enforce its terms.
    7. These Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
    8. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

 

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