THE TUTOR ROUTER (PTY) LTD TERMS OF SERVICE AGREEMENT - CLIENTS
THE TUTOR ROUTER (PTY) LTD is an organization that was established in 2020. The organization serves to provide additional academic assistance and support to learners in grades R – 12.
The protection and rights of Clients are of utmost importance and this document hereby serves to stipulate the rules and responsibilities of both the Client and The Tutor Router.
1. DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Client” refers to an adult individual (18 years and older) requesting services from The Tutor Router and must be an adult according to the South African law (18 years and older). The Client can also be a Learner.
1.2. “Company” refers to The Tutor Router (PTY) LTD
1.3. “Face-to-face lessons” refers to the Tutor conducting the lessons in person with the Client
1.4. "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable.
1.5. "Lessons" refers to the time set out for the Tutor to provide the tutoring service
1.6. “Lesson Package” refers to a specific number of Lessons.
1.7. “Learner” refers to the individual receiving the lesson
1.8. “Online lessons” refers to the Tutor providing the tutoring services remotely on an online platfor
1.9. “Services” refer to services provided by The Tutor Router (Paragraph 2
1.10. “Midway” refers to the lesson in the middle of a Lesson Package, for instance, the fifth lesson in a Lesson Package of 10 will be Midway Lesso
1.11. “Tutor” refers to the person employed by The Tutor Router providing the tutoring services (Paragraph 2)
1.12. “The Tutor Router” refers to the organization offering the services stipulated in Paragraph 2
1.13. “Emergency Cancellation” refers to a cancellation that is made by the client/learner in under 24 hours before the lesson is set to take place
2. OUR SERVICES
2.1. Provide tutoring services for both Online and Face-to-face platforms
2.2. Allocating a tutor to a client based on the information provided by the client
2.3. Receiving payments from Clients and confirming the activation of lesson packages
2.4. Acting as a medium of communication between the Tutor and Client
2.5 Replacing Tutors if such requests are made by the Client or where necessary
2.6. Administrative duties for tutors and clients
2.7. Providing guidance and counselling to Clients/Learners regarding tertiary education
RULES, RIGHTS, AND RESPONSIBILITIES OF THE CLIENT
3. LESSONS AND LESSON PACKAGE
3.1. The Client is not restricted to take the number of lessons provided in the package.
3.1.1. The client may request a different number of lessons upon making payment.
3.2. The Client may also request an individual lesson
3.3. Online lessons are minimum 40 minutes in duration and take place on an external online platform
3.4. Face-to-face lessons are minimum 60 minutes in duration
3.5. Maximum number of lessons to be completed in one session is 2 (two 60-minute lessons back-to-back)
3.6. Lesson Packages are valid for 90 calendar days from the date of payment and will expire after this period.
3.7. Prices are subjected to change. Notices and announcements will be made as to when prices of packages or lessons will change.
3.8. If a Client chooses a lesson package of 20 lessons or more, the lessons will be divided by The Tutor Router over a period of three months.
4. SCHEDULING A LESSON
4.1. Once the client has made payment The Tutor Router will ensure that the tutor receives the clients contact details and vice versa.
4.2. The Client is responsible for scheduling lessons with the Tutor.
4.3. The Tutor Router will periodically do check-ins with both the client and the Tutor
5. PAYMENTS AND PAYMENT OPTIONS
5.1. Prices are determined by the quantity of lessons
5.2. The prices of lessons are available on The Tutor Router's website and is made available to clients upon request/enquiry
5.3. Payment must be made to The Tutor Router prior to the Tutor beginning the lessons with the client/learner
5.4. The following payment options are available for the client
5.4.1. The Client may pay the total price of the package
5.4.2. The Client may pay 60% of the total price of the package and the 40% balance must be paid before commencing with the midway lesson of the package (applicable for 5-10 lesson package)
5.4.3. The Client may make payment in three monthly installments (applicable for 20 or more lesson packages) – refer to section 3 paragraph 3.8.
5.5. When a client selects a 20-lesson package, a 33.33% deposit oi the total price is required, and the remaining balance may be paid in two months
6. CANCELLATIONS
6.1. The following applies to Clients who have made payments in part or full to The Tutor Router
6.2. The Client must notify The Tutor Router of a lesson cancellation 24 hours prior to the lesson taking place
6.2.1. In the event of a client cancelling the scheduled lesson in less than 24 hours before the lesson is to commence, the client will forfeit the lesson.
6.2.2. In the event of an emergency cancellation, the client must provide a valid reason and the client will still be entitled to the lesson
6.2.3. The client can still do the lesson if an emergency cancellation arises if and not limited to the following circumstances that may arise such as a death, accidents, sudden illness (illness in which there were no symptoms 24 hours prior to the time),
6.2.4. In the event of the Tutor cancelling a lesson within less than 24 hours before the scheduled lesson is set to take place, the lesson will still be owed to the client
6.2.5. The Client has the right to any Lesson Package purchased from The Tutor Router.
6.2.6. In the event of cancellations, penalties may apply, refer to paragraph 7.
6.2.7. The Tutor Router can decide to terminate the Lesson Package if the Client does not comply with the Terms of Service Agreement or in the event of the failure to find a replacement Tutor.
7. REFUNDS
7.1. All refunds are issued within 14 days of the termination of a Lesson Package
7.2. Refunds can be issued in the case of cancellations from either the Client or The Tutor Router
7.3. If a Client requests a refund before the end of the Lesson Package, the Lesson Package will be terminated and the Client will be charged at the rate of a single lesson for each lesson that was already completed. The balance will be refunded (refer to price list).
7.4. If The Tutor Router cancels the Lesson Package due to not being able to replace a tutor, a refund will be issued on the balance of the remaining lessons at the rate of that specific lesson package.
8. ACCEPTABLE USE AND CONDUCT BY THE CLIENT
8.1. In accordance with the Terms of Service Agreement, the Client agrees to:
8.2. Being 18 years and older.
8.3. Communicate with the Tutor in a respectful manner in which all interactions are free of vulgar and/or offensive, derogative language. Not communicate or interact with the Tutor on a personal basis or divulge personal information that is not relevant to the Lessons while the Tutor is completing a Lesson Package with the Client
8.4. To communicate any sudden changes with The Tutor Router that may impact the Lessons or Lesson Packages
8.5. To give permission for the Tutor, in the case of Face-to-face lessons, to enter the premises of the Client and ensure the safety and well-being of the Tutor
8.6. To provide an appropriate space, In the case of Face-to-face Lessons, for the Client and Tutor to work in.
8.7. To inform The Tutor Router of any misconduct from the Tutor
RULES, RIGHTS, AND RESPONSIBILITIES OF THE CLIENT
9. RESPONSIBILITIES OF THE COMPANY
9.1. The Tutor Router shall ensure that all Tutors involved in the provision of service have been interviewed by The Tutor Router.
9.2. Have supplied proof of identity and satisfying references to Tutor Router and
9.3. Have been properly trained and adequately experienced in the provisions of the service and
9.4. Hold all the necessary qualifications and certifications required for work in relation to the service provided
9.5. Replacing Tutors
9.6. The Client has the right to request a replacement tutor should they not be satisfied with the assigned tutor.
9.7. The Tutor Router will assign a new tutor on the basis of the client’s needs
9.8. In the event the tutor cannot continue with the Lesson Package, the Client will be notified, and a replacement tutor will be immediately assigned.
9.9. In the event where a replacement tutor cannot be assigned, The Tutor Router will issue the client with a refund (see paragraph 7)
10. DISPUTES
1.10. Attempts at resolving disputes by the Client and the Tutor must first be made between both parties. Have supplied proof of identity and satisfying references to Tutor Router and1.11. In the event of any disputes between the Client and The Tutor that cannot be resolved, The Tutor Router will serve as a third party to mitigate the situation a accordingly.
11. LIABILITY
11.1. No liability of any nature shall be incurred or accepted by The Tutor Router in respect of any representation made by The Tutor Router, or on its behalf, to the Client, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
11.1.1. the correspondence of the Services with any description.
11.1.2. the quality of the Service
11.2. No liability of any nature shall be incurred or accepted by The Tutor Router in respect of any representation made by The Tutor Router, or on its behalf, to the Client, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
11.3. Where any court or arbitrator determines that any part of paragraph 9 above is, for whatever reason, unenforceable, The Tutor Router shall be liable for all loss or damage suffered by the Client but in an amount not exceeding the contract price.
11.4. Nothing contained in these Terms of Service Agreement shall be construed so as to limit or exclude the liability of the Client for death or personal injury as a result of The Tutor Router’s negligence or that of its employees or agents.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. Nothing All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties
13. FORCE MAJEURE
13.1. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
14. RELATIONSHIP OF PARTIES
14.1. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract
14.2. Nothing contained in these Terms of Service Agreement shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms of Service Agreement shall be deemed to construe either of the parties as the agent of the other.
15. WAIVER
15.1. The failure by either party to enforce at any time or for any period any one or more of the Terms of Service Agreement herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms of Service of this Agreement.
16. SEVERABILITY
16.1. If any term or provision of these Terms of Service is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms of Service Agreement had been agreed with the invalid, illegal or unenforceable provision eliminated.
17. GOVERNING LAW AND JURISDICTION
17.1. This Agreement shall be governed by and construed in accordance with the law of South Africa and the parties hereby submit to the exclusive jurisdiction of the South African courts.
The protection and rights of Clients are of utmost importance and this document hereby serves to stipulate the rules and responsibilities of both the Client and The Tutor Router.
1. DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Client” refers to an adult individual (18 years and older) requesting services from The Tutor Router and must be an adult according to the South African law (18 years and older). The Client can also be a Learner.
1.2. “Company” refers to The Tutor Router (PTY) LTD
1.3. “Face-to-face lessons” refers to the Tutor conducting the lessons in person with the Client
1.4. "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable.
1.5. "Lessons" refers to the time set out for the Tutor to provide the tutoring service
1.6. “Lesson Package” refers to a specific number of Lessons.
1.7. “Learner” refers to the individual receiving the lesson
1.8. “Online lessons” refers to the Tutor providing the tutoring services remotely on an online platfor
1.9. “Services” refer to services provided by The Tutor Router (Paragraph 2
1.10. “Midway” refers to the lesson in the middle of a Lesson Package, for instance, the fifth lesson in a Lesson Package of 10 will be Midway Lesso
1.11. “Tutor” refers to the person employed by The Tutor Router providing the tutoring services (Paragraph 2)
1.12. “The Tutor Router” refers to the organization offering the services stipulated in Paragraph 2
1.13. “Emergency Cancellation” refers to a cancellation that is made by the client/learner in under 24 hours before the lesson is set to take place
2. OUR SERVICES
2.1. Provide tutoring services for both Online and Face-to-face platforms
2.2. Allocating a tutor to a client based on the information provided by the client
2.3. Receiving payments from Clients and confirming the activation of lesson packages
2.4. Acting as a medium of communication between the Tutor and Client
2.5 Replacing Tutors if such requests are made by the Client or where necessary
2.6. Administrative duties for tutors and clients
2.7. Providing guidance and counselling to Clients/Learners regarding tertiary education
RULES, RIGHTS, AND RESPONSIBILITIES OF THE CLIENT
3. LESSONS AND LESSON PACKAGE
3.1. The Client is not restricted to take the number of lessons provided in the package.
3.1.1. The client may request a different number of lessons upon making payment.
3.2. The Client may also request an individual lesson
3.3. Online lessons are minimum 40 minutes in duration and take place on an external online platform
3.4. Face-to-face lessons are minimum 60 minutes in duration
3.5. Maximum number of lessons to be completed in one session is 2 (two 60-minute lessons back-to-back)
3.6. Lesson Packages are valid for 90 calendar days from the date of payment and will expire after this period.
3.7. Prices are subjected to change. Notices and announcements will be made as to when prices of packages or lessons will change.
3.8. If a Client chooses a lesson package of 20 lessons or more, the lessons will be divided by The Tutor Router over a period of three months.
4. SCHEDULING A LESSON
4.1. Once the client has made payment The Tutor Router will ensure that the tutor receives the clients contact details and vice versa.
4.2. The Client is responsible for scheduling lessons with the Tutor.
4.3. The Tutor Router will periodically do check-ins with both the client and the Tutor
5. PAYMENTS AND PAYMENT OPTIONS
5.1. Prices are determined by the quantity of lessons
5.2. The prices of lessons are available on The Tutor Router's website and is made available to clients upon request/enquiry
5.3. Payment must be made to The Tutor Router prior to the Tutor beginning the lessons with the client/learner
5.4. The following payment options are available for the client
5.4.1. The Client may pay the total price of the package
5.4.2. The Client may pay 60% of the total price of the package and the 40% balance must be paid before commencing with the midway lesson of the package (applicable for 5-10 lesson package)
5.4.3. The Client may make payment in three monthly installments (applicable for 20 or more lesson packages) – refer to section 3 paragraph 3.8.
5.5. When a client selects a 20-lesson package, a 33.33% deposit oi the total price is required, and the remaining balance may be paid in two months
6. CANCELLATIONS
6.1. The following applies to Clients who have made payments in part or full to The Tutor Router
6.2. The Client must notify The Tutor Router of a lesson cancellation 24 hours prior to the lesson taking place
6.2.1. In the event of a client cancelling the scheduled lesson in less than 24 hours before the lesson is to commence, the client will forfeit the lesson.
6.2.2. In the event of an emergency cancellation, the client must provide a valid reason and the client will still be entitled to the lesson
6.2.3. The client can still do the lesson if an emergency cancellation arises if and not limited to the following circumstances that may arise such as a death, accidents, sudden illness (illness in which there were no symptoms 24 hours prior to the time),
6.2.4. In the event of the Tutor cancelling a lesson within less than 24 hours before the scheduled lesson is set to take place, the lesson will still be owed to the client
6.2.5. The Client has the right to any Lesson Package purchased from The Tutor Router.
6.2.6. In the event of cancellations, penalties may apply, refer to paragraph 7.
6.2.7. The Tutor Router can decide to terminate the Lesson Package if the Client does not comply with the Terms of Service Agreement or in the event of the failure to find a replacement Tutor.
7. REFUNDS
7.1. All refunds are issued within 14 days of the termination of a Lesson Package
7.2. Refunds can be issued in the case of cancellations from either the Client or The Tutor Router
7.3. If a Client requests a refund before the end of the Lesson Package, the Lesson Package will be terminated and the Client will be charged at the rate of a single lesson for each lesson that was already completed. The balance will be refunded (refer to price list).
7.4. If The Tutor Router cancels the Lesson Package due to not being able to replace a tutor, a refund will be issued on the balance of the remaining lessons at the rate of that specific lesson package.
8. ACCEPTABLE USE AND CONDUCT BY THE CLIENT
8.1. In accordance with the Terms of Service Agreement, the Client agrees to:
8.2. Being 18 years and older.
8.3. Communicate with the Tutor in a respectful manner in which all interactions are free of vulgar and/or offensive, derogative language. Not communicate or interact with the Tutor on a personal basis or divulge personal information that is not relevant to the Lessons while the Tutor is completing a Lesson Package with the Client
8.4. To communicate any sudden changes with The Tutor Router that may impact the Lessons or Lesson Packages
8.5. To give permission for the Tutor, in the case of Face-to-face lessons, to enter the premises of the Client and ensure the safety and well-being of the Tutor
8.6. To provide an appropriate space, In the case of Face-to-face Lessons, for the Client and Tutor to work in.
8.7. To inform The Tutor Router of any misconduct from the Tutor
RULES, RIGHTS, AND RESPONSIBILITIES OF THE CLIENT
9. RESPONSIBILITIES OF THE COMPANY
9.1. The Tutor Router shall ensure that all Tutors involved in the provision of service have been interviewed by The Tutor Router.
9.2. Have supplied proof of identity and satisfying references to Tutor Router and
9.3. Have been properly trained and adequately experienced in the provisions of the service and
9.4. Hold all the necessary qualifications and certifications required for work in relation to the service provided
9.5. Replacing Tutors
9.6. The Client has the right to request a replacement tutor should they not be satisfied with the assigned tutor.
9.7. The Tutor Router will assign a new tutor on the basis of the client’s needs
9.8. In the event the tutor cannot continue with the Lesson Package, the Client will be notified, and a replacement tutor will be immediately assigned.
9.9. In the event where a replacement tutor cannot be assigned, The Tutor Router will issue the client with a refund (see paragraph 7)
10. DISPUTES
1.10. Attempts at resolving disputes by the Client and the Tutor must first be made between both parties. Have supplied proof of identity and satisfying references to Tutor Router and1.11. In the event of any disputes between the Client and The Tutor that cannot be resolved, The Tutor Router will serve as a third party to mitigate the situation a accordingly.
11. LIABILITY
11.1. No liability of any nature shall be incurred or accepted by The Tutor Router in respect of any representation made by The Tutor Router, or on its behalf, to the Client, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
11.1.1. the correspondence of the Services with any description.
11.1.2. the quality of the Service
11.2. No liability of any nature shall be incurred or accepted by The Tutor Router in respect of any representation made by The Tutor Router, or on its behalf, to the Client, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
11.3. Where any court or arbitrator determines that any part of paragraph 9 above is, for whatever reason, unenforceable, The Tutor Router shall be liable for all loss or damage suffered by the Client but in an amount not exceeding the contract price.
11.4. Nothing contained in these Terms of Service Agreement shall be construed so as to limit or exclude the liability of the Client for death or personal injury as a result of The Tutor Router’s negligence or that of its employees or agents.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. Nothing All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties
13. FORCE MAJEURE
13.1. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
14. RELATIONSHIP OF PARTIES
14.1. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract
14.2. Nothing contained in these Terms of Service Agreement shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms of Service Agreement shall be deemed to construe either of the parties as the agent of the other.
15. WAIVER
15.1. The failure by either party to enforce at any time or for any period any one or more of the Terms of Service Agreement herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms of Service of this Agreement.
16. SEVERABILITY
16.1. If any term or provision of these Terms of Service is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms of Service Agreement had been agreed with the invalid, illegal or unenforceable provision eliminated.
17. GOVERNING LAW AND JURISDICTION
17.1. This Agreement shall be governed by and construed in accordance with the law of South Africa and the parties hereby submit to the exclusive jurisdiction of the South African courts.
