This is an Agreement between The Tutoring Institute ("Company") and ("Customer" or "You") for tutoring services. Customer must be at least 18 years old. By signing this Agreement, you acknowledge and agree as follows:
1. Billing:
a. Tutoring session(s) much be purchased (paid for) before the session(s) can performed. If you have signed up for a monthly recurring plan (Membership, Subscription, Concierge, or VIP), a credit card must be placed on your account and your credit card on file will be charged automatically (monthly for any monthly fees and any time after a session is completed).
2. Redeemable:
a. Sessions are redeemable for up to one year from the date of purchase.
3. Cancellation of Session:
i. cancels or reschedules services with greater than or equal to twenty-four (24) hours' notice to the Customer, then there will be no penalty (called an Early Cancellation).
ii. cancels or reschedules services with less than a twenty-four (24) hours’ notice up to 15 minutes past the scheduled start of the tutoring session, then the Tutor and Customer are expected to notify Company (called a Late Cancellation).
iii. does not show up or shows up more than 15 minutes past the scheduled start of the tutoring session, then the Tutor and Customer are expected to notify Company (called a No-Show).
b. If a Customer1. If the Customer cancels or reschedules services with greater than or equal to twenty-four (24) hours’ notice to the start of the tutoring session, then there will be no charge.
1. If the Customer cancels or reschedules services with less than a twenty-four (24) hours’ notice up to 15 minutes past the scheduled start of the tutoring session, then the Customer will be charged the full session rate unless the Tutor decides not to charge that session. The Tutor and Customer are expected to notify Company.
1. If the Customer does not show up or shows up more than 15 minutes past the scheduled start of the tutoring session, then the Customer will be charged the full session rate. The Tutor and Customer are expected to notify Company.
1. Group tutoring sessions cannot be cancelled at any point since other students are expecting to have tutoring at that session.
4. Non-Solicitation:
a. It is critical to Company’s business to prohibit You (and any family members) from directly soliciting or contracting with a Tutor (Tutor) when You were introduced to the Tutor, directly or indirectly, through Company. Company has contracted with the Tutors and makes payments to them, so You have no reason to separately pay any Tutor related to the services You receive hereunder. Accordingly, You agree not to solicit, attempt to solicit, or contract with Tutors, directly or indirectly, for a period of 2 years following the final Meeting or Session with any Tutor obtained through Company. You hereby agree that each violation of this provision shall result in a payment to The Tutoring Institute in the amount of $5,000 as liquidated damages and You agree to pay all The Tutoring Institute’s costs and expenses incurred in enforcing these Terms, including but not limited to reasonable attorneys’ fees.
5. Tutors:
a. Company has reviewed the credentials of its Tutors and a background check through a third party has been performed prior to a Tutor performing services with Customers. Company is not responsible for your results or outcomes. Each result/outcome is different, and dependent on a variety of subjective factors, including the student. However, if you are not satisfied with your progress, then let Company know and we will try to match you with a new Tutor.
6. Equipment:
a. You will need to have the following devices to participate in the online session: computer/laptop/tablets, webcam, audio, and internet connection. Company uses proprietary on-line products known as Lessonspace, through which Company and/or Tutors will provide services under this Agreement and transact and communicate with Customer. You are expected to utilize our platform and Lessonspace (or any other platform designed by Company “Platform”) whenever possible in furtherance of this Agreement.
b. While Lessonspace also allows for recoding of audio and video streams, we do not participate in that feature. In the chance that you must use a different whiteboard which allows for recording, you must verify that the recording feature is turned off before every session.
c. Lessonspace has tab contents (whiteboards, documents, code tabs, etc.) and text chats are always recorded.
d. By utilizing our platform, you agree to review, accept, and consent also to Lessonspace’s terms and conditions, privacy policy, and other policies. https://www.thelessonspace.com/legal/privacy-policy
7. Consent to recording/monitoring:
a. For quality assurance purposes or any other purpose Company deems necessary, You agree that Company may record and monitor all Tutoring Sessions. In addition, but not limited to, Company may also record and monitor audios, vidoes, chats, files, messaging, and documents, at any time.
b. By purchasing Tutoring Sessions and using such communication methods, you consent to Company’s recording or monitoring of the same without further notice to you. You also agree to Lessonspace’s (virtual whiteboard’s) Terms of Use as also stated in the Tutor Contract and Customer Agreement. While Lessonspace also allows for recoding of audio and video streams, we do not usually participate in that feature. In the chance that you must use a different whiteboard which allows for recording, you must verify that the recording feature is turned off before every session.
8. Communication with Tutor:
a. Communication between You and Tutor should only be through the platform designated by Company. You and the Tutor should not exchange phone number, email, or any other personal contact information unless approved by the Company. If email or phone number was provided, the primary mode of communication should be through the platform and other methods should be used for urgent matters only.
9. Minor Customers:
a. Customers who intend to obtain services for minors should maintain an appropriate level of involvement based upon Customer’s understanding of the maturity and capabilities of the minor(s), and we encourage them to communicate with the Tutors with whom the minor interacts regarding the services being sought and delivered. Customers should also be available as necessary to support an online learning environment, including but not limited to assistance with hardware, software, wi-fi, and other technical troubleshooting outside the control of The Tutoring Institute; avoiding distractions/creating an optimal environment for learning; logging onto the Platform on the correct date and time; etc.
b. A student who is a minor shall not, for any reason, meet in person with a Tutor without a parent or guardian present, unless the parent or guardian gives prior written permission to meet in a public setting such as a coffee shop, library, or our center(s). This written permission would apply to and constitute your permission for all in person future sessions.
c. For students 13-17 years old, messaging between the tutor and student will be allowed if the parent grants permission during the intake process by providing us with the student’s phone number or email address. We still encourage parents to monitor all conversations between the tutor and student. Messaging between tutors and students under the age of 13 is not permitted.
d. For In-Home tutoring, a parent or guardian must be present and in the presence of the Tutor and tutoring session at all times.
10. Taxes:
a. The Tutoring Institute’s rates for services do not include any applicable states/sales taxes. You are responsible for any applicable sales/services taxes to the extent it is determined that any such taxes are applicable. These taxes, if any, will appear on your invoice and you will be responsible to pay them in full.
11. Integration:
a. Where applicable, you agree to be bound by Company’s Electronic Communications privacy policy, its website Terms of Use (www.thetutoringinstitute.com), as well as other policies governing electronic communications that may appear on Company’s website. However, in the event of a conflict between any of those terms and this Agreement, this Agreement shall control.
12. Agreement to Arbitrate:
a. Other than claims for injunctive or declaratory relief, Customer agrees that any eclaim, dispute, and/or controversy that either Customer may have against Company or that Company may have against Customer shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) in conformity with the procedures of the American Arbitration Associations’ (“AAA”) Model Commercial Arbitration Rules, a copy of which may be obtained at the AAA’s website at www.adr.org. Company and Customer acknowledge and agree that any dispute or claim arising out of this Agreement (excluding a claim for injunctive relief), shall be subject to final and binding arbitration. The arbitration will be conducted by one arbitrator who is a member of the AAA and admitted to practice law in the State of Michigan and shall take place in Southeastern Michigan. The arbitrator will apply Michigan substantive law in all respects. The arbitrator shall have all authority to determine the arbitrability of any claim and enter a final binding judgment at the conclusion of any proceedings. Awards may include the arbitrator’s written reasoned opinion. Judgment upon the award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction, including in the Oakland County Circuit Court in Michigan or the U.S. District Court for the Eastern District of Michigan.
b. Customer understands and agrees that all claims covered by this arbitration provision that Customer may have against Company must be brought in Customer’s individual capacity and not as a plaintiff or class member in any purported class action, collective action, or representative action proceeding. Similarly, any claims covered by this arbitration provision that Company may have against Customer may not be brought as a plaintiff or class member in any purported class action, collective action or representative action proceeding. The Parties understand that there is no right or authority for any dispute covered by this arbitration provision to be heard or arbitrated on a collective action basis, class action basis, as a private attorney general, or on bases involving claims or disputes brought in a representative capacity on behalf of the general public, on behalf of other Tutors (or any of them) or on behalf of other Tutors or other persons or entities alleged to be similarly situated. The Parties understand that there are no bench or jury trials and no class actions or representative actions permitted under this arbitration provision. The Arbitrator shall not consolidate claims of different Customers into one proceeding, nor shall the Arbitrator have the power to hear arbitration as a class action, collective action, or representative action.
c. Customer understands and agrees to this binding arbitration provision, and both Customer and Company give up their respective right to trial by jury of any claim Customer and the Company may have against each other.
d. All aspects of the arbitration proceeding, and any ruling, decision, and/or award by the Arbitrator will be strictly confidential.
13. Disclaimer of Warranties:
a. THE TUTORING INSTITUTE MAKES NO WARRANTY OR REPRESENTATION THAT THE ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. THE TUTORING INSTITUTE HEREBY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, NON-INFRINGEMENT, AND QUALITY, UNLESS PROHIBITED BY LAW. BELCURVE’S SERVICES ARE PROVIDED ON AN “AS IS” BASIS. THE TUTORING INSTITUTE DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS AND DOES NOT CLAIM TO BE ACCREDITED BY ANY CERTIFYING AGENCY. WITHOUT LIMITING THE FOREGOING, THE TUTORING INSTITUTE DOES NOT WARRANT THAT (A) THE TUTORING INSTITUTE WILL MEET YOUR REQUIREMETNS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE PLATFORM WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE PLATFORM WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE, OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE PLATFORM WILL BE CORRECTED.
14. Limitation of Liability:
a. In no event will the Tutoring Institute be liable to You for any incidental, special, exemplary, punitive, consequential, or indirect damages (including damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Platform, service interruptions) arising out of or in connection with the Platform, the services, or these Terms, even if advised of the possibility of such damages. In no event shall the total liability of The Tutoring Institute (including itself and its members, managers, directors, officers, employees, or representatives) to You for all damages, losses, causes of action (whether in contract or tort, including but not limited to, negligence or otherwise) arising from Your use of the Platform or relating to these Terms exceed the greater of 100 USD or monies You have paid to The Tutoring Institute over the preceding six (6) months.
15. Governing Law, Jurisdiction, and Venue:
a. The laws of the State of Michigan shall govern these Terms, the construction of its terms, and the interpretation of the rights and duties of the Parties hereto, as well as any claim that may arise between You and The Tutoring Institute, without regard to any conflict of law provisions, except for the Federal Arbitration Act as set forth above, unless it is found not to be applicable. You agree to submit to the personal jurisdiction and venue for any issue not subject to arbitration in the Oakland County Circuit Court or the United States District Court for the Eastern District of Michigan. If any provision is or becomes invalid or non-binding, the Parties shall remain bound by all other provisions of these Terms and the documents incorporated by reference. In that event, the Parties shall replace the invalid or non-binding provision with provision(s) that are valid and binding, and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of the Terms.
16. Severability:
a. Should any one or more sections of this Agreement be found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining sections (or portions thereof) contained herein shall not in any way be affected or impaired thereby. In addition, if any section hereof is found to be partially enforceable, then it shall be enforced to the greatest extent possible. An arbitrator or court with jurisdiction over the matters contained in this Agreement shall have the authority to revise the language hereof to the extent necessary to make any such section or covenant of this Agreement enforceable to the fullest extent permitted by law.
17. Waiver:
a. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
18. Assignment:
a. You are prohibited from assigning or transferring any of your rights or responsibilities under this agreement, whether through merger, asset sale, change in control, legal operation, or any other means, without obtaining prior written permission from the Tutoring Institute. Any attempted assignment or transfer without such consent will be void. The Tutoring Institute reserves the right to freely assign or delegate any or all of its rights and duties outlined in these Terms, either in whole or in part, without the obligation to notify you. Additionally, the Tutoring Institute can unilaterally transfer its rights and responsibilities under these Terms to The Tutoring Institute, LLC or any other third party, effective upon providing you with notice, through the process of unilateral novation.
19. Restriction on Oral Modification/Amendment:
a. No amendment, change or modification of this Agreement shall be valid unless in writing and signed by You and the Companies President or managing member. Parties hereto, except for changes to the project rate for specific Customer interactions as approved by Tutor and Company.
b. In order to operate and improve the Company, Company reserves the right to modify or amend these Terms, including doing so electronically, and any such modification or amendment is hereby accepted or agreed to by You. The modified or amended Terms shall supersede any prior terms related to the subject matter hereof. If you do not agree to these modified or amended Terms, You may not use the Domain.
20. Authority:
a. By agreeing these terms, You represent and warrant that (i) You are at least 18 years old and are capable of entering into binding contracts, and (ii) You have the right, authority, and capacity to enter into this Agreement and to abide by it, and that You will so abide.