Tutoring Service Terms and Conditions

1. INTRODUCTION

The Community Schools is first and foremost about young people in our community and helping them to thrive. That said, we have to comply with regulations and we want to be clear with you about how we will treat you and how we would like you to deal with us. We have tried to keep these terms and conditions to everyday plain English.

1.1 Terms and conditions: These terms and conditions reflect the custom and practice of The Community Schools

1.1.1 The Application Form

1.1.2 The Confirmation email of an offer of a  place

1.1.3 The payment of 50% Deposit fees

They form the basis of a legally binding contract between the Parents and the Community Schools for the provision of educational services. These terms and conditions are intended to promote the education and welfare of pupils and the stability, forward-planning, proper resourcing and development of the Community Schools.

1.2 Variations: These terms and conditions and the fees list are subject to change from time to time.

1.3 Brochure and website: The Community Schools brochure and website are not contractual documents. The Community Schools website contains a number of policies and procedures which can be viewed by parents. Printed copies are available on written request.

1.4 Running Courses: Whilst the Community Schools endeavour to ensure that all Courses will run, as originally planned, if demand is low the Community Schools reserves the right to cancel a course and to reimburse the deposit fees in full.

2. TERMINOLOGY

2.1 School or We or Us: Means ‘Your Community Schools Ltd’ trading as The Community Schools as now or in the future constituted (and any successor). Your Community Schools is constituted as a private limited company.

2.2 Principal: Means the Principal of the Community Schools. The Principal is responsible for the day-to-day running of the tutoring school.

2.3 Parents or You: Means any person who has signed the application form to indicate parental responsibility. The Parents are legally responsible, jointly and severally, for complying with their obligations under these terms and conditions

2.4 Parental Responsibility: Those who have Parental Responsibility (i.e. legal responsibility for the child) are entitled to receive relevant information concerning the child whether or not they are a party to this contract unless a court order has been made to the contrary, or there are other reasons which justify withholding information to safeguard the best interests and welfare of the child.

2.5 Student: means the child named on the application form. The age of the Student will be calculated in accordance with British custom.

2.6 Tutor: means the tutor of the course. The Tutor is responsible for tutoring the students within the group session.

2.7 Course: means the term of 10 weekly tutoring sessions provided by the Tutor to a group of Students or a Grade Booster revision course.

2.8 Contract: means these terms and conditions which are accepted by you on enrolment and by making payment of the fees.

3. ADMISSION TO THE COMMUNITY SCHOOLS’ COURSES

3.1 Registration and Admission: Applicants will be considered as candidates for Admission to the Community Schools when the Application form has been completed and returned to the Community Schools. Admission will be subject to the availability of a suitable place on the Course. Admission occurs when the Parents accept the offer of a place and pay a non refundable deposit of 50% of the course fees.

3.2 Equality: The Community Schools welcomes staff and children from any and all  different ethnic groups, backgrounds and creeds. Human rights and freedoms are respected. At present, physical facilities at the learning centres for the disabled are limited but we will do all that is reasonable to ensure that the Community Schools’ tutoring is made accessible to children who have disabilities and to comply with our legal and moral responsibilities under equality legislation in order to accommodate the needs of applicants and students who have disabilities for which, after reasonable adjustments, We can cater adequately.

3.3 Offer of a place and deposit: If a suitable place is available The Community Schools will make an offer of a place through a Confirmation email.  Payment of  a non refundable deposit of 50% of course fees reserves the place on the Course with the balance being payable at or before the first tutoring session.

(A non refundable deposit is necessary as the Community Schools will have been committed to booking the tutor and the room to start the course.) Payment of your deposit confirms your acceptance of these Terms and Conditions.

3.3.1 Only the Student referred to in the Confirmation email will be permitted to attend the Course, and the right to attend the Course may not be transferred or assigned to any other person.

4. FEES

4.1 Payment of Fees: The balance of the Fees for each course are payable at or before the start of the course of Fees.

4.2 Payment of Fees by a third party: An agreement with a third party to pay the Fees does not release the Parents from liability.

4.3 Refund or waiver: Save where there is a legal liability under a court order or under the provisions of this agreement to make a refund Fees will not be refunded, waived or reduced if:

4.3.1 the Student is absent through illness; or

4.3.2 the Student is unable to attend a session;or

4.3.3 the session is cancelled due to adverse weather conditions. Although in this circumstance every effort will be made to rearrange the session, failing which a credit note will be issued.

4.4 Tutor absence: If a tutor fails to provide a session of tutoring then the Community Schools will make every reasonable effort to arrange for a replacement tutoring session within that term. If this isn’t possible a credit note to allow the Student to attend another session will be issued

4.5 Exclusion for non-payment: The Community Schools reserves the right to exclude the Student if Fees are overdue for payment.

4.6 Debt Recovery Costs: If the Parents fail to pay any sum due to the Community Schools on or before the due date for payment, the Parents shall (on demand) reimburse the Community Schools in respect of any reasonable costs and expenses (including legal fees) that the Community Schools incurs as a result of the Parents’ default and/or any action taken by the Community Schools to recover the debt from the Parents.

4.7 Fees increases: Fees are reviewed annually and are subject to increase from time to time.

5. EDUCATIONAL MATTERS

5.1 Provision of education: The Community Schools will do all that is reasonable to provide an educational environment and teaching of a range, standard and quality which is suitable for each student. The Community Schools cannot guarantee that the Student will achieve his / her desired examination results or that results will be sufficient to gain entry to other educational establishments.

5.2 Organisation of the curriculum: We reserve the right to organise the curriculum and its delivery in a way which, in the professional judgement of the Tutor and Principal, is most appropriate to the Students.

5.3 Progress reports: The Tutors shall monitor the Student’s progress and shall report regularly to the Parents by means of email communication, no more than once every 5 week teaching block. Information supplied to the Parents shall be given conscientiously and with all due care and skill but otherwise without liability on the part of the Community Schools.

5.4 Tutoring: Whilst the Community Schools will always endeavour to place the Student in a class containing students of a similar level and ability, there will be occasions when classes contain students of mixed levels and abilities, however this will be in accordance with the Community Schools overall aim of providing support for individual students within the group.

5.4.1  In accordance with the Community School’s aim to tutor students as individuals , groups may contain students preparing for exams set by more than one exam board.

5.4.2 Tutors will endeavour to devote a reasonable amount of time to each student within the group. However, given the nature of tutoring and the fact that different students are likely to have different educational needs, The Community Schools will not be liable, should the Tutor be unable to devote an equal amount of time to each Student.

5.7 Teaching Environment: In a tutoring session there will be several groups sharing one teaching room. The Community Schools endeavour to ensure that there is a suitable environment for learning for all the groups within the teaching room.

6. PASTORAL CARE

6.1 The Community Schools’ commitment: We will do all that is reasonable to safeguard and promote the Student’s welfare. We will respect the Student’s human rights and freedoms which must, however, be balanced with the lawful needs and rules of the Community Schools community and the rights and freedoms of others.

For more information please see the Community Schools’ Safeguarding and Child Protections Policy.

6.2 Complaints: Any question, concern or complaint about the pastoral care or safety of a student or any educational issue or other matter connected to the Community Schools must be notified to the Principal as soon is practicable.

6.3 Ethos: The ethos of the Community Schools  is to foster good relationships between students and between Tutors and students. Bullying, harassment, victimisation and discrimination will not be tolerated. The Community Schools  will act fairly in relation to the Student and the Parents and We expect the same of the Students and the Parents in relation to the College or its staff.

6.4 Disclosures: The Parents must, as soon as possible, disclose to the College in confidence:

6.4.1 any known medical condition, health problem or allergy affecting the Student;

6.4.2 any history of a learning difficulty on the part of the Student or any member of his / her immediate family;

6.4.3 any disability, special educational need or any behavioural, emotional difficulty and / or social difficulty on the part of the Student;

6.5 Photographs or images: By giving permission on the Application Form for the students’ to be photographed or agreeing to these terms and conditions the Parents consent, as far as is required under data protection law, to the Community Schools obtaining and using photographs or images of the Student for:

6.5.1 use in the Community School’s promotional material such as the prospectus, posters, the website or social media;

6.5.2 press and media purposes;

6.5.3 We would not disclose the name or details of the Student

6.6 Student’s personal property: The Community Schools recommends that the Student does not bring valuables to the Learning Centre. The Student is solely responsible for the security and safe use of all his / her personal possessions and valuables

6.7 Community Schools’ liability: Unless negligent or guilty of some other wrongdoing causing injury, loss or damage, Your Community Schools Ltd does not accept responsibility for accidental injury or other loss caused to the Student or the Parents or for loss or damage to property.

7. HEALTH AND MEDICAL MATTERS

7.1 Medical declaration: The Parent must disclose in the Application Form (in sufficient detail for the Community Schools to be able to reasonably understand the nature and extent of the same) details of any medical condition or disability suffered by the Students.

7.2 Medical information: Throughout the Student’s time as a member of the Community Schools, the Community Schools shall have the right to disclose confidential information about the Student to the Tutor (and in exceptional circumstances the emergency services)on a needs to know basis.

7.3 Emergency medical treatment: The Community Schools staff do not have specific medical training and the Community Schools does not provide a medical service or facilities at any of the Learning Centres.

7.4 Students with Disabilities: The Community Schools’ Learning Centres may not be equipped or have facilities for disabled students. Details of a Student’s disability must be drawn to the Community Schools attention at the time of Application and the Community Schools will confirm whether it is has or can arrange the facilities to accept and/or accommodate the Student at the relevant Learning Centre.

8. BEHAVIOUR AND DISCIPLINE

8.1 Conduct and attendance: We attach importance to courtesy, integrity, good manners, good discipline and respect for the needs of others. The Parents warrant that the Student will take a full part in the activities of the Community Schools, will attend each tutoring session, will be punctual, will work hard, will be well-behaved and will refrain from behaviour that will cause irritation or offence to other students and Tutors.

8.2 Procedural fairness: Investigation of a complaint that could lead to  withdrawal of the Student from a Course shall be carried out in a fair and unbiased manner. All reasonable efforts will be made to notify the Parents so that they can attend a meeting with the Principal before any decision is taken in such a case.

8.3 Fees following Expulsion: If the Student is withdrawn from a course, there will be no refund of course Fees for the current or past Terms.

8.4 Complaints procedure: A complaint about any matter of the Community Schools’ policy or administration not involving Withdrawal of the Student must be made to the Principal. Every reasonable complaint shall receive fair and proper consideration and a timely response.

9. GENERAL CONTRACTUAL MATTERS

9.1 Change: The Community Schools , as any other, is likely to undergo a number of changes during the period of this agreement. For example, there may be changes in the staff, and in the premises, facilities and their use, in the curriculum and the size and composition of classes, and in the Community Schools policies.

9.2 Consumer protection: Care has been taken to use plain language and to give clear explanations in these terms and conditions. If any words alone or in combination infringe the Unfair Terms in Consumer Contracts Regulations 1999 or any other provision of law, they shall be treated as severable and shall be replaced with words which give as near the original meaning as may be fair.

9.3 Representations: The Community Schools’ brochure and website describe the broad principles on which the tutoring school is operated and give an indication of its history and ethos. Although believed correct at the time of publication, the brochure and website are not part of any agreement between the Parents and Your Community Schools Ltd.

9.4 Third party rights: Only the Community Schools and the Parents are parties to this contract. Neither the Student nor any third party is a party to this contract and shall not have any rights to enforce any term of it.

9.5 Interpretation: These terms and conditions supersede any previously in force and will be construed as a whole. Headings, unless required to make sense of the immediate context, are for ease of reading only and are not otherwise part of these terms and conditions.

9.6 Jurisdiction: This contract was made at the School and is governed exclusively by the law of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.