Terms and Conditions
Tempus Tutors is an online tutoring website, found at http://tempustutors.com (referred to as “Site”) and provides services that enables Clients (also referred to in these Terms and Conditions as “you” or “your”) with access to high-quality Tutors online.
By using the services provided by Tempus Tutors, you show that you have read, understand and agree to be bound by these Terms and Conditions (or “Terms”) outlined below. These Terms govern your use of the Site and Services (defined below) and constitute a binding legal agreement between you and Tempus Tutors.
Terms and Conditions for Clients
1.1. In these Terms and Conditions:
“Assignment” means the scope of tutoring services set out and agreed in the Confirmation Correspondence;
“Assignment End Date” means the date on which the Assignment will end as agreed (if at all) in Confirmation Correspondence;
“Assignment Start Date” means the date on which the Assignment will begin as discussed and/or set out in Confirmation Correspondence;
“Tempus Tutors” is an online tutoring website;
“Calendar Day” means a 24-hour day from midnight to midnight denoted on a calendar with reference to UK time zone;
“Confirmation Correspondence” means any correspondence in writing between the Client, Tempus Tutors, and/or the Tutor which sets out, confirms or clarifies the details of an Assignment and/or Session;
“Content” means any materials, information, communications, or ideas that Tempus Tutors or any third-party provider uploads, publishes, submits, communicates, or otherwise transmits or posts to you, the Site, the Tutors, or the Services by any means;
“Fee” means the fee payable to Tempus Tutors for the total number of Sessions;
“Hourly Fee” means the hourly charge for the Tutor’s educational tutoring services as set out in the written communication from Tempus Tutors to you, as amended from time to time in subsequent Confirmation Correspondence with the last written communication superseding all prior hourly charges;
“Hours” mean the duration of each Session as discussed and set out in the Confirmation Correspondence;
“Invoice” means a billing statement sent to the Client listing the total amount of Fees due, and other fees such as reimbursing the Tutor for textbooks and reference materials costs incurred by the Tutor and as agreed by the Client, that may accrue in relation to Session(s);
“Session” means the mutually agreed time period when the Tutor provides educational tutoring services;
“Services” mean collectively educational tutoring services provided through the Site delivered via audio, video, text chat, document collaboration, screen sharing, and other services which may include software provided by third party providers;
“Site” means our website, accessible at http://tempustutors.com;
“Third Party Website” means links to other sites or material which may be used in conjunction with our Services to deliver Sessions;
“Tutor Request” means the tutor request you submit to us referenced in clause 4.1;
“Tutor” means the person who provides educational tutoring services through this Site and who accepts an Assignment with you;
“Client” means: the person for whom the Session is arranged; the parent or legal guardian of the person for whom the Session is arranged; and/or the recipient of these Terms and/or related communication to which these Terms are attached, referenced and/or linked;
“Client Content” means any materials, information, communications, or ideas that you or a Tutor uploads, publishes, submits, communicates, or otherwise transmits or posts to us, the Site, the Tutors, or the Services by any means;
“Working Days” means any day (except Saturday and Sunday) on which clearing banks are open for business in the UK.
1.2. Unless the context otherwise requires: words importing the singular include the plural and vice versa; words importing person include bodies corporate or unincorporated; words importing gender include every gender and the neuter gender.
2.1. These Terms (and any document referred to in them including the Confirmation Correspondence) contain the entire agreement (“Agreement”) between Tempus Tutors and the Client, and supersede any prior agreement between us and you.
2.2. These Terms apply (and shall be deemed to be accepted by you) as from the earlier of the date on which Tempus Tutors first notifies you that these Terms will apply or the date on which Tempus Tutors introduces the educational tutoring services of a Tutor to you or the date on which you confirm or send any subsequent Confirmation Correspondence with/to Tempus Tutors, and shall apply thereafter in relation to each subsequent introduction of a Tutor to you by us and/or any subsequent Confirmation Correspondence we may have in relation to the first Assignment and/or any subsequent Assignment.
2.3. We may change, add or remove portions of these Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Services provided through the Site and by continuing to use this Site, you agree to any and all changes.
2.4. We may change, suspend or discontinue any aspect of the Services at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
2.5. Unless otherwise agreed in writing by Tempus Tutors, these Terms shall prevail over any other terms of business or conditions put forward by you.
3. Obligations of Tempus Tutors
3.1. We will reasonably endeavour to introduce to you a suitable Tutor to carry out the Assignment of such nature as you shall notify to us in advance of an Assignment in accordance with clause 4.1. You accept that no warranty as to the suitability of the Tutor can be given by us. We do not endorse or make any representations or warranties regarding the reliability of the Tutor.
3.2. We will take all reasonably practicable steps to ensure that prior to working on an Assignment the Tutor provides us with:
3.2.1. evidence as to his or her identity;
3.2.2. confirmation that he or she has the experience, training, qualifications and/or any authorizations which you have indicated to us are necessary for the relevant Assignment and/or which are required by law or a relevant professional body; and
3.2.3. confirmation that he or she is willing to enter into the relevant Assignment.
4. Obligations of the Client
4.1. You shall specify your Assignment requirements by providing full details of the subject areas and academic courses for which the Tutor is required through the Site, by email (firstname.lastname@example.org), in particular by notifying us of any special skills required of the Tutor (including, for example, knowledge of specific texts or academic syllabi) (collectively the “Tutor Request”).
4.2. For each Assignment, Tempus Tutors will:
4.2.1. take all reasonably practicable steps to follow-up this online, or email, Tutor Request with an email summary of the information provided during the Tutor Request (the “Summary”). It is important that this Summary is correct and we ask you to revise any information which is incorrect or missing from the Summary;
4.2.2. assume that the Summary reflects your requirements for the Assignment and that we are entitled to rely on and pass the Summary on to prospective Tutors, unless you contact us in writing with revised information after sending us the Summary;
4.2.3. take all reasonably practicable steps to compile and email you a shortlist of prospective Tutor(s) and his/her respective Hourly Fee, who we believe should match the requirements you set out in the Summary;
4.2.4. request you to select a Tutor from the shortlist provided. The shortlist will comprise of one or more Tutors. Once you have received the shortlist you will need to confirm email the name of your selected Tutor within three (3) Working Days from the date on which the shortlist was issued to you by Tempus Tutors; and
4.2.5. once we have received the confirmation as set out in clause 4.2.4, we will assign the Tutor to provide the Session(s) from the relevant Assignment Start Date until the earlier of the Assignment End Date (if any) and/or the date on which the Assignment is terminated in accordance with these Terms and/or the relevant notice period (if any) discussed/set out in the Confirmation Correspondence.
4.3. You are obliged to pay Tempus Tutors for all charges included in the Invoice as and when such Invoice falls due in accordance with clause 5 of these Terms.
5. Fees and Payment
5.1. Once an Assignment has commenced and you have scheduled Session(s) with your selected Tutor, you will need to pay Tempus Tutors the applicable Fee. This clause sets out how the Fee will be calculated and when the Fee will be payable.
5.2. Upon confirming Session(s), Tempus Tutors will send you an Invoice charging you for the scheduled Session(s) and any other applicable charges. The Fee will be calculated as the relevant Hourly Fee multiplied by duration of the applicable scheduled Session(s). You agree to pay the Fee, and other applicable charges such as any taxes or VAT at the prevailing rate where and to the extent applicable, and/or other fees such as reimbursing the Tutor for textbooks and reference materials costs incurred by the Tutor and as agreed by the Client, that may accrue in relation to Session(s), use of the Site and Services.
5.3. Any queries arising from any Invoice must be brought to Tempus Tutors’s attention within 2 Working Days of the issue date of the relevant Invoice.
5.5. While the person for whom Session(s) is/are arranged may be of any age, only a Client including the parent and/or legal guardian of the person for whom Session(s) is/are arranged, that is at least 18 years of age may purchase Session(s) and/or pay all applicable Fee and charges. Any purchase of Session, paying of Fee, or settling charges per our Invoice by anyone under 18 is expressly prohibited and by doing so you represent and warrant that you are 18 or older.
5.6. To secure Session(s) with a Tutor, we strongly suggest you to settle the Fee with respect to Session(s) you wish to confirm as soon as possible upon receiving the Invoice. If a Fee for a Session is not settled by the Client by the payment due date as notified by Tempus Tutors, Tempus Tutors reserves the right to automatically cancel the unpaid Session with the Tutor without prior notice or liability.
5.7. Session(s) may be purchased either (i) on a per Session basis; or (ii) on a multiple Session basis for future outstanding scheduled Sessions with Tutor up until 60 Calendar Days from the date in which the Invoice is paid by the Client.
5.8. All Fees for Session(s) is/are non-refundable and non-transferable, except as expressly provided in Clause 7.
5.9. If for some reason there is a discrepancy concerning Sessons charges, please contact us at email@example.com. Tempus Tutors may require you to provide additional supporting information to determine the validity of your concern regarding Session charges. All decisions regarding Session charges will be final and at Tempus Tutors’s sole discretion. Notwithstanding the foregoing, Tempus Tutors is not responsible if your email account is accessed or used by a third party to book Sessions without your permission.
5.10. If the Client does not settle any of the Fee for Session(s) or comply with request for payment as indicated in the Invoice, Tempus Tutors reserves the right to terminate Sessions and Assignment and you will be liable for all Fees due up to and including the date on which the last Session occurred.
5.11. Tempus Tutors reserves the right to take legal action should the Client refuse to settle payments upon the third notification.
6. Session Rearrangement and Cancellation, Tutor Replacement, and Termination Policy
6.1. Please ensure that you and the Tutor are agreed on the Session arrangements for each Session. It is your responsibility to inform Tempus Tutors of any change to the Session, including, but not limited to, Session rearrangement and Session cancellation.
6.2. Session Rearrangement:
6.2.1. Should you need to rearrange a Session, you are required to provide the Tutor and Tempus Tutors with at least 48 hours’ advance notice in writing indicating the rearrangement details such as the new date and time of the Session; if for whatever reason, the Session cannot be rearranged and you have paid for the applicable Fee, Tempus Tutors will refund the applicable Fee to you, minus a 10% administration charge, within thirty (30) Working Days.
6.2.2. Should you notify the Tutor and/or Tempus Tutors of Session rearrangement with less than 48 hours’ advance notice in writing, Tempus Tutors will charge you with the applicable Fee; Tempus Tutors will not refund the applicable Fee unless the Tutor decides to waive such Fee at his/her discretion taking into account your extenuating circumstances.
6.2.3. Should the Tutor and/or Tempus Tutors notify you of Session rearrangement at any time in writing, you, the Tutor and/or Tempus Tutors will agree on the rearrangement details such as the new date and time of the Session; if for whatever reason, the Session cannot be rearranged and you have paid for the applicable Fee, Tempus Tutors will fully refund the applicable Fee to you within thirty (30) Working Days.
6.3. Session Cancellation:
6.3.1. Should you need to cancel a Session, you are required to provide the Tutor and Tempus Tutors with at least 48 hours’ advance notice in writing; for any Session paid and cancelled with at least 48 hours’ advance notice in writing to the Tutor and Tempus Tutors, Tempus Tutors will refund the applicable Fee to you, minus a 10% administration charge, within thirty (30) Working Days.
6.3.2. Tutor and/or Tempus Tutors with less than 48 hours’ advance notice in writing, Tempus Tutors will charge you the applicable Fee; for any Session paid and cancelled with less than 48 hours’ advance notice in writing to the Tutor and Tempus Tutors, Tempus Tutors will not refund the applicable Fee unless the Tutor decides to waive such Fee at his/her discretion taking into account your extenuating circumstances.
6.3.3. Should the Tutor and/or Tempus Tutors notify you at any time in writing of the need to cancel a paid Session, Tempus Tutors will refund the applicable Fee to you within thirty (30) Working Days.
6.4. Tutor Replacement: In the event that you reasonably believe that the Tutor is unsuitable, please contact Tempus Tutors in writing through firstname.lastname@example.org. Tempus Tutors will reasonably endeavor to introduce you to a suitable replacement Tutor.
6.5. Termination of an Assignment with a specific Tutor: In the event that the Assignment End Date is not confirmed, please give at least five (5) Working Days’ written notice to the Tutor and Tempus Tutors to end the Assignment so that your Tutor may conclude his or her work with you.
6.6. Termination of this Agreement: Tempus Tutors may give you three (3) Working Days written notice terminating this Agreement at any time, notwithstanding that either party may give notice in writing to the other terminating this Agreement with immediate effect if:
6.6.1. the other party commits any material breach of any of the terms of this Agreement and that breach (if capable of remedy) is not remedied within five (5) Working Days after notice being given requiring it to be remedied; or
6.6.2. the other party becomes bankrupt, insolvent or becomes the subject of a receiving or winding-up order, makes any composition with its creditors or has an administrative receiver appointed over all or part of its undertaking or assets, or either party ceases, or threatens to cease, to carry on business.
7. Refund Procedures
7.1. Tempus Tutors will refund the applicable Fee to you, minus a 10% administration charge, in accordance to the procedures below for Session paid and cancelled in accordance to the policies as outlined in relevant sections in clause 6:
7.2. Tempus Tutors will confirm the refund details in writing; and
7.3. Tempus Tutors will issue a refund and receipt to you for the applicable Fee, minus a 10% administration charge, in the form of credit back to the PayPal account you used through the PayPal system within thirty (30) Working Days.
8.1. If you have a complaint against the Tutor or against us, you must inform us of that complaint within 24 hours of the occurrence that gave rise to it by sending an email to email@example.com.
8.2. We introduce Tutors in good faith and in the belief that he or she will perform to the best of his or her abilities. However, to the extent that the Tutor is a self-employed professional we cannot guarantee the performance of the Tutor. Any opinion expressed by the Tutor is not necessarily an expression of the opinions of Tempus Tutors. Tempus Tutors does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by the Tutors. In addition, we are not your agent. By using our Site and/or Services, you understand and agree that Tempus Tutors will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Tutors or Clients, and disclaims all liability in this regard.
8.3. Neither Tempus Tutors nor any of its shareholders, directors, associates, employees, partners, agents or otherwise shall be liable to you for any loss, injury, damage, expense or delay incurred or suffered by you arising directly or indirectly from or in any way connected with the introduction or supply of a Tutor to you or with any failure by Tempus Tutors to introduce or supply a Tutor and, in particular, but without limitation to the foregoing, any such loss, injury, damage, expense or delay arising from or in any way connected with: failure of the Tutor to meet your requirements for all or any of the purposes for which he or she is required by you; any act or omission of a Tutor, whether willful, negligent, fraudulent, dishonest, reckless or otherwise; and any loss, injury, damage, expense or delay incurred or suffered by a Tutor.
8.4. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services and Content, solely remains with you. Neither Tempus Tutors nor any other person or entity involved in creating, producing, or delivering the Site, Services, or Content will be liable for any incidental, exemplary or consequential damages, including lost profits, data loss, interruption from Services, computer damage or system failure or the cost of substitute products or services damages resulting from the use of our Services, including and without limitation, if you choose to meet with our Tutor in person, for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, or Content, or from any communications, interactions or meetings with Tutors, Clients, or other Clients of the Site or Services or other persons with whom you communicate or interact as a result of your user of the Site or Services whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Tempus Tutors has been informed of the possibility of such damage.
9. Private Arrangements
9.1. You are not permitted to make private arrangements for Sessions with Tutors introduced or supplied by us.
9.2. By confirming Assignment and/or Sessions, you agree not to undertake any such arrangements with any Tutor registered with us either during the term of this Agreement or for up to six (6) months following Assignment End Date.
10.1. You agree to defend, indemnify, and hold Tempus Tutors, its shareholders, directors, associates, employees, partners, agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Content, or your violation of these Terms.
11. Data Protection
11.1. Tempus Tutors and the Client shall comply with their respective obligations under the Data Protection Laws.
11.2. Tempus Tutors shall endeavour to procure compliance by their Tutors of their respective obligations under Data Protection Laws.
11.3. By entering into this Agreement you consent to our use of your personal data for the purpose of the Assignment, which may include (without limitation) effecting introductions to Tutors, providing the Session(s), use of such data for billing and/or fee collecting purposes and/or to enable us to make contact from time to time.
12.1. Any and all Client Content will be treated as non-confidential and non-proprietary, and may be disseminated or used by Tempus Tutors for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as our developing, manufacturing, and marketing our current and/or future services.
12.2. By uploading or otherwise making available any Client Content, you automatically grant and/or warrant that the owner has granted to us the perpetual royalty-free, non-exclusive, world wide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the Client Content for any purpose, with the exception of academic source materials such as textbooks and workbooks, which you assert you are entitled to upload under the “fair use” doctrine of copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you expressly warrant that you are in proper legal possession of such a textbook and your instruction to our system to display a page or example from your textbook is made for sole purpose of facilitating your Session.
12.3. For quality control and other purposes, Tempus Tutors reserves the right to record any or all part of a Session (including audio, video, or transcript recordings). Notwithstanding anything to the contrary above, you agree that we own all audio, video and transcript recordings of Session(s) and all written communication that you may provide to us on or through the Site, Services or any other means, such as a part of user surveys and questionnaires, and that these Terms shall be deemed an irrevocable assignment of all such recordings, transcripts or written communication, each portion thereof and all intellectual property rights therein to us.
13. Confidential Information
13.1. You agree to safeguard the Content and the Services (collectively, “Proprietary Information”) and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You will not, without Tempus Tutors’s prior written approval, directly or indirectly, use or disclose the Proprietary Information to any person or business entity who are on a need-to-know basis and who agree in writing to be bound by the restrictions on use and disclosure set forth in these Terms or restrictions no less restrictive than these Terms. You agree to promptly notify us in writing of any use or disclosure of Proprietary Information in violation of these Terms. You acknowledge that the use or disclosure of the Proprietary Information in any manner inconsistent with these Terms will cause us irreparable damage and that we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages (including attorney fees and expenses) in connection with such prohibited use or disclosure.
14. Third Party Websites and Content Disclaimer
14.1. For the purposes of this Agreement:
14.1.1. “Disclaimer Policy” refers to the Disclaimer section of the Site as amended from time to time or a copy can be requested from firstname.lastname@example.org.
14.2. In connection with your use of the Site or Services, the Client shall comply with the respective obligations under the Disclaimer Policy at all times.
14.3. Should your Session(s) require usage of Third Party Website, you acknowledge and agree that you shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software from Third Party Websites you may decide to use during the Session(s), including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to use of any Third Party Websites.
15. Proprietary Rights Notices
15.1. All trademarks, service marks, logos, trade names and any other proprietary designations of Tempus Tutors used herein are trademarks or registered trademarks of Tempus Tutors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
16.1. No modification or variation of this Agreement shall be effective unless a Director of Tempus Tutors consents in writing to such modification or variation and/or as set out by the Company regarding a specific Assignment in the relevant Confirmation Correspondence.
16.2. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions hereof and the remainder of the provision in question shall not be affected thereby.
16.3. Any waiver of any breach of, or default under, any of the terms of this Agreement by us, shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of this Agreement.
16.4. We shall be entitled to transfer or assign the benefit and/or burden of this Agreement.
16.5. The expiration or termination of this Agreement, howsoever arising, shall not operate to affect such of the provisions of this Agreement as are expressed to operate after then.
16.6. Any notice to be given by one party to the other hereunder shall either: be communicated verbally initially and confirmed in writing immediately; or be communicated directly in writing and sent (either by post or email) to an address designated for use by the intended recipient.
16.7. This Agreement does not create any rights or benefits enforceable by any person not a party to it.
16.8. Neither party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of that party. The party affected by such circumstances shall promptly notify the other party in writing whether such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than two (2) weeks, either party may terminate this Agreement by written notice to the other party.
17. Governing Law and Jurisdiction
17.1. This Agreement (and any non-contractual obligations or dispute or claim arising out of or in connection with it or its subject matter) shall be governed and construed in accordance with the laws of the UK, without giving effect to any conflict of law pro-visions, and the parties hereby submit to the exclusive jurisdictions of the UK courts.