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Home tutoring terms and conditions

This tutoring agreement template has been designed for businesses that provide training and tutoring to individuals at home or other consumers. If you will be supplying tutoring services to businesses rather than consumers, you should consider our B2B tutoring contract document.

The terms of business include a provision allowing the service provider to cancel a teaching session where "personnel illness or shortage" makes the running of the session impractical. Further, it includes express provision for session cancellation by the client.

It takes account of the effects of consumer protection legislation upon providers in this marketplace.

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Home tutoring terms and conditions contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term: indefinite, or services completed and payment made; each contract distinct.
  3. Services: obligation to provide services; standard of services (B2C or mixed); failure to meet services standard; devotion of personnel to services; services: compliance with reasonable customer requests; no guarantees of exam success.
  4. Services appointments: services appointments; late services appointments; rescheduling services appointments; cancellation of services appointment on notice; personnel shortage and cancellation of appointments.
  5. Provider
    personnel:
    assurances relating to personnel.
  6. Customer
    Premises
    :
    obligations of second party in relation to premises (B2C); securing means of access to premises.
  7. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive of VAT; variation of charges.
  8. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments.
  9. Distance and off-premises contracts: cancellation right: distance and off-premises contracts: cancellation right for consumers; cancellation right for services and digital content; consumer agreement to provision of services; exercise of cancellation right; refund upon services distance contract cancellation; refund method; refund timing for services and digital content.
  10. Warranties: first party warranty of authority; second party warranty of authority; exclusion of implied warranties and representations.
  11. Limitations and exclusions of liability: caveats to limits of liability (B2C or B2C); interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of opportunities; no liability for consequential loss; per event liability cap upon services contract.
  12. Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
  13. Termination: termination by either party without cause; termination by either party upon breach; termination upon insolvency.
  14. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
  15. Notices: contractual notices must be in writing; methods and deemed receipt of contractual notices; substitute contact details for notices.
  16. Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
  17. General: no waiver; severability; variation written and signed; assymetric assignment of contractual rights (B2C); no third party rights; entire agreement (with statement of work); governing law; exclusive jurisdiction.

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