TERMS AND CONDITIONS FOR THE PROVISION OF EDUCATIONAL SERVICES
(hereinafter referred to as the “Terms and Conditions”)
[Definitions]
For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:
| Tutor and/or Consultant | a person possessing the appropriate knowledge, skills and aptitude to conduct Classes. |
|---|---|
| Client | a natural person, legal person, organisational unit without legal personality, or a state or local government administration unit with whom a contract has been entered into (by placing an order), under which an Educational Service will be provided, or another contract under which Classes (training sessions) involving the transfer of knowledge will be conducted. Where the Student is a person under the Client’s care, the Client shall be the only person entitled to make decisions concerning the Classes under the Agreement. |
| Consumer | a Client who is a natural person entering into a legal transaction not directly related to their business or professional activity. |
| Entrepreneur with Consumer Rights | a Client who is a natural person conducting business activity and entering into a contract directly related to that business activity, where the content of the contract indicates that it is not of a professional nature for that person. |
| Student | a person with whom the Tutor actually conducts Classes in the course of providing the Educational Service. The Student may be the Client or a person under the Client’s care, including, without limitation, the Client’s children who are under 18 years of age, provided that, for the purposes of any provisions of these Terms and Conditions that confer rights or impose obligations, such provisions shall be understood as referring exclusively to the Client. |
| Classes | lessons, lectures, training sessions, consultations and/or educational meetings conducted by the Tutor with the Student for a specified period of time, together with the necessary materials. |
| Price List | specifies the minimum price range applicable to the Fee for a Class Hour as part of the provision of an Educational Service. The final Fee is agreed with the Client before the contract is entered into and depends on the selected educational service or educational consulting service, the duration of the cooperation and the intended educational outcome. |
| Educational Services | tutoring services or educational consulting services provided exclusively by electronic means within the scope indicated in the “ONLINE CLASSES” and “CONSULTING” sections. |
| Class Hour | a clock hour, i.e. 60 minutes. |
| Semester | the period customarily recognised as a semester in a school or academic year. |
| Fee | the remuneration payable for the Educational Services provided. |
§1
[General Provisions]
These Terms and Conditions set out the rules governing the provision of Educational Services to Clients and Students.
Educational Services shall be provided within the scope and on the terms specified in the Terms and Conditions in force on the date on which the cooperation commences and in the order placed for Educational Services. The details of the order shall be agreed during communications with the Client (e.g. by telephone).
Acceptance of these Terms and Conditions and of the Privacy Policy available at www.tuteer.com/polityka-prywatnosci is required before the provision of Educational Services may commence.
These Terms and Conditions may be amended at any time. If they are amended, the revised wording shall be made available to Clients and/or Students. If a Client and/or Student does not agree to the amendments, they shall be entitled to terminate the cooperation within 14 days of becoming acquainted with the amendment to the Terms and Conditions.
§2
[Rules for Conducting Classes]
Educational Services shall be provided exclusively by means of distance communication; therefore, Educational Services cannot be provided in the form of in-person Classes.
Classes shall be conducted using tools necessary and appropriate for the proper provision of Educational Services, including, without limitation, a virtual whiteboard and online communication applications, which shall not involve any additional charge for the Client and/or Student. The appropriate tools shall be selected in consultation between the Tutor and the Student and/or Client. The selection shall be made by the Tutor individually, in consultation with the Student and/or Client.
The use of selected tools owned by a third party (the software owner) shall be governed by that third party’s terms and conditions and may require the Student and/or Client to register or accept those terms and conditions. Such terms and conditions may specify, among other matters, the minimum hardware requirements necessary for the tools to operate correctly and the rules for using those tools safely.
Recording or sharing Classes or materials created during Classes or made available by the Tutor, or using them for any purpose other than the agreed purpose, is prohibited.
The Student should have technical equipment enabling uninterrupted participation in Classes, including a microphone, webcam and graphics tablet. A graphics tablet and/or webcam is not required in order to conduct Classes, but is recommended in order to achieve the best possible educational outcome.
The Student shall bear sole responsibility for any technical issues arising on the Student’s side that prevent or materially hinder participation in Classes. If such issues arise, including unforeseen technical issues, the Student and/or Client shall not be entitled to bring any claims, including, in particular, a claim for a reduction of the Fee for the Classes or a refund of the Fee for a Class Hour.
Technical issues on the Tutor’s side shall entitle the Student to reschedule the Classes for another convenient time without being required to pay the Fee for the Class Hour during which the relevant technical issues occurred, provided that such entitlement shall apply only where the technical issues on the Tutor’s side prevent the Classes from being conducted.
In order to achieve the best possible educational outcomes, the Student and/or Client should make every effort to understand and retain the material presented by the Tutor during the Classes, including, in particular, by preparing for Classes, completing assigned homework and participating actively in the Classes. If the obligation specified above is not fulfilled, the Student and/or Client shall not be entitled to bring any related claims.
During the Classes, the Tutor shall exercise due care in preparing the Student to achieve the agreed objectives within the Classes and the time available. No liability shall be accepted for the Student’s achievement of those objectives (including any specific outcome), including, without limitation, grades obtained by the Student and/or Client in tests, assessments, examinations or competitions, or admission to a university or other higher education institution selected by the Student and/or Client.
The conduct of the Student and/or Client during Classes must comply with generally accepted standards of ethics and good manners; in particular, it must not be vulgar or infringe the Tutor’s personal rights or wellbeing.
If the Student persistently behaves inappropriately and contrary to generally accepted standards of ethics and good manners, the Tutor shall be entitled, after giving a prior warning, to end the Classes early. In such a case, the Tutor shall promptly, and no later than 24 hours after the Classes have ended, prepare an appropriate note setting out all details of the Student’s inappropriate conduct. Where Classes are interrupted due to the Student’s fault, the Student shall be required to pay the full Fee for the Classes. If the Student has paid the Fee for the Classes in advance, no refund shall be due.
The Tutor shall bear full and sole responsibility for the Tutor’s inappropriate conduct and for any materials, teaching aids and other items made available by the Tutor to the Student and/or Client during Classes. If the Tutor behaves inappropriately, the relevant information must be reported promptly, and no later than within 24 hours, by email to [email protected].
The Client shall be entitled to submit a complaint concerning the Educational Services provided (Classes conducted). Complaints shall be submitted by email to [email protected]. A properly submitted complaint shall be considered within 14 days of its submission. Submitting a complaint shall not suspend or otherwise affect the Fees for Classes.
To facilitate communication during the provision of Educational Services, the Student and the Client must provide a telephone number and email address, irrespective of the communication method agreed between the Student and/or Client and the Tutor. These contact details shall be used in situations including, without limitation, lateness, absence from Classes without prior notice, and the provision of evaluations and information concerning completed Classes.
The Company may ask Students to review the Classes they have attended on external online platforms.
§3
[Class Scheduling]
The date and time of the first Classes shall be agreed during the process of entering into the contract. In exceptional cases, after consultation with the Client, the date and time of the first Classes may be agreed directly between the Client and/or Student and the Tutor. The dates and times of subsequent Classes shall be agreed individually between the Student and/or Client and the Tutor.
Classes may be cancelled no later than 7:00 p.m. on the day preceding the scheduled Classes. The Student and/or Client must notify the Tutor directly by telephone or email using the contact details provided and must also give notice by email to [email protected].
Once per academic year, the Student and/or Client shall be entitled to cancel Classes without complying with the time limit specified in paragraph 2 above. Any further cancellation that does not comply with the time limit specified in paragraph 2 shall require the Student and/or Client to pay the Fee for the Classes.
Classes may be ended early or their scheduled time may be changed only with the Tutor’s consent, after the Tutor has been notified in advance by telephone or email using the contact details available to the Student and/or Client, and after notice has also been given by email to [email protected].
Arriving late for Classes shall not entitle the Student and/or Client to an extension of their duration or a reduction of the Fee due for the Classes. The Tutor shall remain ready to conduct the Classes until their scheduled end, and the Student and/or Client shall therefore be entitled to use the remaining time.
If the Student and/or Client does not participate in Classes, subject to paragraphs 2 and 3 above, the Student and/or Client shall be required to pay the Fee for the Class Hour in full. Such absence shall not entitle the Student and/or Client to claim a refund of a previously paid Fee for the Class Hour or to make up the missed Classes.
The Tutor shall be available to the Student and/or Client for the duration of the Classes. After the Classes have ended, the Tutor shall not be required to remain available. Each extension of the Classes by the Student and/or Client exceeding 5 minutes shall require the Client to pay an additional Fee equivalent to 15 minutes of Classes. The same shall apply to each subsequent commenced period of 15 minutes.
If the Tutor is more than 15 minutes late, the Student and/or Client shall be entitled to cancel participation in the Classes on that day and to receive a refund of the Fee for the Class Hour if it was paid in advance, or shall not be required to pay that Fee if it has not yet been paid. The Student and/or Client may nevertheless decide to proceed with the Classes despite the Tutor’s lateness. With the consent of the Student and/or Client, instead of a refund or release from the payment obligation, the Classes may be extended accordingly on the day of the Tutor’s lateness or at another agreed time.
If the Tutor fails to conduct the Classes without prior notice, the Student/Client shall be entitled to make up the Classes at another time without paying the Fee for the Class Hour that did not take place.
§4
[Fees for Classes]
The Fee for Classes shall be charged on the basis of an invoice. As a general rule, payment shall be made after the Classes have been completed; however, advance payment may be required in certain cases, of which the Student and/or Client shall be informed during the process of entering into the contract.
The invoice shall contain the following information: the full name and residential address of the Student and/or Client and the amount due for the Educational Services provided. Together with the invoice, the Student and/or Client shall receive, by email sent to the email address provided by the Student and/or Client, a statement showing the number of Class Hours completed or scheduled during the relevant period multiplied by the Fee due for a Class Hour.
Invoices shall be payable:
where advance payment is required:
–no later than on the day preceding the day on which the Classes are scheduled to take place; or
–before the Classes begin, provided that notice of payment is sent by email to [email protected] together with proof of payment, if the Classes are scheduled for the same day on which their date and time were agreed;
in all other cases, within 7 days of delivery of the invoice to the Client, to the bank account specified in the invoice and for the full amount of the invoice. The invoice number must be included in the payment reference.
The invoice shall be delivered to the Student and/or Client by electronic means, i.e. by email sent to the email address provided by the Client for contact purposes.
The Fee for a Class Hour shall be agreed individually with each Student and/or Client at the beginning of the cooperation and shall depend on the duration of the cooperation, the type of Classes and the Tutor.
Where the cooperation continues for more than one Semester, the Fee for a Class Hour may change.
In individually assessed cases, the Student and/or Client may be granted a discount on Educational Services. Any discount shall apply for a limited period and shall be conditional on regular cooperation with the Student and/or Client and timely payment of Fees. In the event of late payment of Fees or irregular cooperation, the Student and/or Client shall be required to pay the regular, non-discounted Fee for Classes. The Student and/or Client shall be informed of this in advance by email sent to the email address provided by the Client for contact purposes.
If the Student and/or Client fails to pay Fees by the due date specified in the invoice, the provision of Educational Services may be suspended until the relevant Fees have been paid by the Student and/or Client.
§5
[Termination of Cooperation]
The cooperation may be terminated in any of the following circumstances:
by mutual agreement of the parties
excessive cancellation or rescheduling of previously agreed Classes;
the Tutor’s long-term unavailability.
completion of the agreed scope of Classes.
The cooperation may be terminated with immediate effect in any of the following circumstances:
a breach of law by the Student and/or Client, including an infringement of third-party rights;
persistent inappropriate conduct by the Student and/or Client contrary to generally accepted standards of ethics and good manners;
the Student and/or Client remaining in arrears with the payment of Fees for more than 14 days after the due date specified in the invoice;
a material breach of these Terms and Conditions by the Student and/or Client.
The cooperation may be terminated by sending notice by email to [email protected] and to the email address provided by the Student and/or Client.
§6
[Rights of Students and/or Clients Who Are Consumers or Entrepreneurs with Consumer Rights]
A Consumer or an Entrepreneur with Consumer Rights who has entered into a distance contract may withdraw from it within 14 days of the date on which the contract was entered into, without giving any reason and without incurring any costs, by sending the Company a notice of withdrawal by email to [email protected]. The notice may also be submitted using the form set out in Appendix 2 to the Consumer Rights Act of 30 May 2014.
In accordance with the Consumer Rights Act of 30 May 2014:
the right of withdrawal shall not apply where the entrepreneur has commenced performance of the service with the express prior consent of the Consumer or Entrepreneur with Consumer Rights, who was informed before performance commenced that, once the service had been fully performed by the entrepreneur, they would lose the right to withdraw from the contract;
where the Consumer or Entrepreneur with Consumer Rights requested that the provision of services commence before the expiry of the 14-day withdrawal period and withdraws from the contract after it has been partially performed, the Consumer or Entrepreneur with Consumer Rights shall be required to pay Fees in proportion to the services performed up to the time when the notice of withdrawal was received.
Consent to the commencement of the service before the expiry of the withdrawal period is voluntary. However, if such consent is not given, the first Classes may take place only after 14 days have elapsed from the date on which the contract was entered into, i.e. after the period for exercising the right of withdrawal has expired.
A civil-law dispute arising from a contract entered into with a Consumer may be resolved amicably through consumer alternative dispute resolution proceedings. Information on available out-of-court consumer dispute resolution methods is available on the websites of the Office of Competition and Consumer Protection (https://polubowne.uokik.gov.pl/), the Trade Inspection authorities, consumer ombudsmen and social organisations. Participation in consumer alternative dispute resolution proceedings is voluntary. In each case, the Company shall decide whether to participate in or decline to participate in such proceedings.
§7
[Personal Data Protection]
Information concerning the processing of personal data is available in the Privacy Policy published on the website at https://tuteer.com/polityka-prywatnosci/ and shall also be provided to Students and/or Clients during the process of entering into the contract.
§8
[Final Provisions]
Contracts for the provision of Educational Services shall be governed by the laws of the Republic of Poland, and all legislation relating to the Educational Services provided shall apply, including, in particular, the Civil Code Act of 23 April 1964 and the Consumer Rights Act of 30 May 2014.
Fees shall be paid in the currency agreed when entering into the contract for the provision of Educational Services. Any change to that currency shall require the mutual agreement of the parties.