Terms and Conditions for Clients
- DEFINITIONS
1.1. In these Terms and Conditions the following definitions apply:
“Tutor” means the person introduced by the Agency to the Client for an Engagement;
“Client” means the person to whom the introduction of a Tutor is made
“Agency” or “Agent” means Private Tutors Zimbabwe.
“Engagement” means the Client using a Tutor for tuition;
“Introduction” means the passing to the Client of Tutor Information;
“Agreed Hourly rate” means the rate payable for tuition as agreed between the Agency and the Client;
“Initial Meeting” means the first hour of an initial face to face meeting between the Client and the Tutor
“Tutor Information” means contact details of a Tutor selected by the Agency;
- GENERAL
2.1. By booking a Session with the Tutor, the Client agrees to be bound by these Terms and Conditions and by the terms and conditions which govern their relationship with the Tutor
2.2. These terms and conditions relate only to the Introduction by the Agency and do not form part of any contract between the Client and Tutor.
2.3. No variation or alteration of these terms and conditions shall be valid unless approved in writing by the Agency.
2.4. If any part of these conditions is held to be illegal, invalid or unenforceable in any respect such invalidity, illegality or unenforceability shall not prejudice the effect of the rest of these conditions to the extent that they are valid, legal and enforceable.
- AGENT RESPONSIBILITIES
3.1. When instructed, the Agency will recommend a Tutor to the Client for an Engagement.
3.2. The Agency will invoice the Client each month for tuition sessions having taken place in the previous month.
- CLIENT RESPONSIBILITIES
4.1 The Client agrees to pay the Agreed Hourly Rate in the event of using a Tutor after the Initial Meeting has taken place, such payments shall include payment for the initial meeting.
4.2 The Client agrees to pay any invoice for tuition services as a cash payment or directly into the Agent’s bank account of which banking details will be given upon request.
4.3 The Client agrees to pay any invoice for tuition services within 5 calendar days of the date of the invoice.
4.4. The Client agrees to pay for transport costs (if needs be) for the Tutor as agreed at the Initial Meeting.
4.5. The Client agrees to sign the lesson time sheets provided by the Tutor after each lesson.
- FEES
5.1. In the event of an Engagement the Agreed Hourly Rate is payable to the Agency by the Client on a monthly basis in advance for tuition services to be rendered.
5.2. The Client will be invoiced during the last week of the month in respect of tuition that will be delivered in the course of the following month. However, the Client is not obliged to make another payment before all the lessons paid for in the previous month have been fulfilled.
5.3. Payment can be made via our online payment system, Paynow or via bank transfer.
5.4. Exceptionally we may allow some clients to pay on a weekly payment basis. Invoices will still be issued monthly but will have weekly payment dates. These must be paid two business days before the scheduled lesson. If the invoice is not paid on time, the lesson will be cancelled.
5.5. Tuition will not begin prior to receipt of payment for the month or period in question.
5.6. The Client agrees to pay an initial US$5 service charge at the commencement of this contract.
- CANCELLATION OF ENGAGEMENT
6.1. If the Tutor withdraws from the Engagement at any time, the Agency will endeavour to provide another Tutor to the Client if requested. The Client is not obliged to accept the Tutor. The Agency is not obliged to provide another Tutor.
- CANCELLATION OF SCHEDULED TUITION SESSIONS BY THE CLIENT
7.1. Clients should be aware that there can be considerable preparation involved before each Session of tuition, in addition to travel time and cost to the Tutor.
7.2. Notice of cancellation of a scheduled tutoring Session for any reason whatsoever must be given by the Client to the Agency more than five hours prior to the scheduled Session. If notice is given more than five hours prior to the scheduled Session, the Client will not be charged for the Session.
7.3. If notice of cancellation of a scheduled tutoring Session is given within five hours of the start of the Session, then the Client will be charged with the full payment for that tutoring session, whether it is one, two or more hours, unless the Tutor deems the cause of cancellation to be unavoidable and agrees not to accept payment for the Session.
7.4. Should the Tutor not be available on the day, the Client will be informed, and a re-arranged time may be offered by the Tutor. If a suitable alternative time cannot immediately be arranged, the Agency must be immediately informed and this will be a credit Session that the tutor and client can arrange in the future.
7.5. If a tutorial falls on a Holiday or other national or religious holiday that either the Tutor or the Client wishes to observe, then an alternative Session must be arranged and the Agency must be informed of any new arrangements.
7.6. If the Student is late for a Session, the Tutor may choose to but is not obligated to work beyond the scheduled end time. If the Tutor stops work at the scheduled end time, the Session will be charged at the usual price. If the Tutor agrees to work beyond the scheduled end time at the Client’s request, the Tutor may choose to charge the Client for the additional time. If a Tutor is late for a Session, then it is the duty of the Tutor to arrange to make up the lost time.
7.7. If the Student or Client chooses to terminate a Session early (for example, after one hour of a two-hour session), the Session will be charged at the usual price.
i. Cancellations by the Client of more than 3 weeks in succession, or that which the Agency perceive as unreasonable, regular cancellations, will be considered for immediate termination of contract, at the Agency’s discretion.
INDEMNITY
8.1. The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation, whether direct, indirect or consequential, which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking a Tutor for the Client or from the Introduction to or Engagement of any Tutor by the Client or from the failure of the Agency to introduce any Tutor.
8.2. The final decision to employ a Tutor rests with the Client. The Agency can give no warranty, representation or undertaking as to the suitability, honesty or capability of any Tutor nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the Agency or on its behalf to the Employer or as it shall direct in respect of the Tutor. Verification of all such information and references shall be the Client’s responsibility.
8.3. In no circumstances shall the Agency’s total liability to the Client, whether in respect of goods or services and whether based in negligence, breach of contract, misrepresentation or otherwise, exceed the fee payable by the Client.
- BREACH OF THIS AGREEMENT
9.1. A discussion instigated by the Client between the Client and the Tutor regarding the Tutor providing tuition services directly to the Client without billing through the Agency forms a breach of this Agreement.
9.2. In the event of a discussion instigated by the Client between the Client and the Tutor regarding the Tutor providing tuition services directly to the Client without billing through the Agency, a placement fee of US$100 will become immediately payable to the Agency by the Client.
9.3. The Client will not agree any alternative fees with the Tutor and agrees not to render any direct payments to the Tutor.
9.4. The Client is not permitted to enter into any private arrangements with any Tutor introduced by the Agent. The Client undertakes to make all bookings with Tutors introduced by the Agent exclusively through the Agent.
9.5. Should you wish to recommend one of the Agent’s Tutors to any other Potential or Actual Client, that Client must contact the Agent to make a booking through the agency.
- REFUNDS
10.1. If a Client is not satisfied with the services provided by ourselves, they may request a refund from ourselves. Refunds will be provided according to the following formula: Amount Received from the client less the hours provided to the client till the date of the request for refund less an amount of US$25 in respect of admin and other costs incurred for all packages exceeding 5 hours. Refunds will be provided to the client into the bank account nominated by the client and will be effected on the last day of the respective month.
11. LAW
11.1. These Terms and 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 Zimbabwe.
11.2. Each party irrevocably agrees that the courts of Zimbabwe shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims)