Terms & Conditions

 

TERMS AND CONDITIONS

1. DEFINITIONS

  1. UP-GRADE TUITION (hereinafter referred to as UG) means AJ Holl t/a UP-GRADE TUITION, which is appointed as the online facilitating agent;
  2. Tutor means the person appointed to provide Sessions to one or more Students for certain subject areas or skills;
  3. Student means the person requiring assistance from the Tutor; and
  4. Client means a Student over the age of 18; alternatively, the parent(s) and / or legal guardian(s) of the Student and / or any other person or entity in whose care the Student is.

2. INTRODUCTION

UG shall introduce Tutors and Students to each other for Tutors to provide Sessions to Students via its online platform, subject to the Terms and Conditions contained herein. 

3. SERVICES

3.1. UG SHALL PROVIDE THE FOLLOWING SERVICES:

  1. sourcing of appropriately qualified Tutors and proposing a suitable Tutor for the Student’s tutoring needs;
  2. introducing Tutors to Clients for Tutors to provide the Sessions;
  3. coordinating Session(s) scheduling;
  4. collecting Fees from Clients;
  5. payment of Fees to Tutors; and
  6. attending to any other reasonable administrative services for the purposes of the Tutor providing the Sessions to the Student.

3.2 THE TUTOR SHALL PROVIDE SESSIONS TO THE STUDENT, WHICH SHALL BE:

  1. timeous,
  2. professional,
  3. relevant for the purposes; and 
  4. of a high quality and standard.

4. RELATIONSHIP BETWEEN UG, CLIENTS, AND TUTORS

  1. The Client acknowledges that UG does not employ Tutors, does not represent itself as a school nor does it provide the Sessions. Tutors are independent contractors and UG acts as an agent for Tutors, to facilitate the relationship between the Tutor and the Client for the provision of Sessions to Students.
  2. UG is commissioned by Tutors to represent and support them, which representation includes Client-related support, management of logistics, facilitation of value-added services, and collection, holding and releasing of Fees payable to the Tutor according to the terms and conditions concluded with the Tutor. 
  3. The Client acknowledges that different Tutors may be sourced by UG to carry out different Sessions, to the extent that UG deems necessary and in its sole discretion.
  4. In the event of dissatisfaction with the Tutor, the Client is required to lodge a complaint in writing within 24 hours of the conclusion of the Session in which the complaint arose, requesting a change of Tutor. A member of the UG senior management team will review the Session and if deemed necessary, the Session will be repeated with an alternative Tutor. Alternatively, the complaint will be dismissed. The findings of the UG Senior management are final.
  5. The Client shall ensure that a request to replace a Tutor be made within 24 business hours’ notice of the conclusion of the Session in which the complaint arose to avoid any forfeiture of Sessions.
  6. Interim measures: When a replacement request is made, or a Tutor withdraws from a Session Package, UG will automatically suspend all scheduled Sessions in a Client’s Session Package. During this period, the Client will not forfeit any Sessions in the Session Package.

5. RESCHEDULING OF SESSIONS

The Client acknowledges and accepts that:

  1. Tutors and Students have the right to request that a particular Session is rescheduled, with reasonable notice, for various reasons (including but not limited to, family emergencies, transport problems, power cuts, and illness) and that UG cannot be held responsible for any reasonable inconvenience caused by such event.
  2. Session bookings must be cancelled with at least 6 hours’ notice.
  3. If the Client does not provide adequate notice to UG to reschedule a Session, the Client shall be liable for the full fee in respect of that Session.
  4. In the event of a Tutor cancelling a Session, UG shall be obliged to source an appropriate replacement Tutor as soon as reasonably possible or reschedule the Session within a reasonable time frame.
  5. In the event of a Student cancelling a Session, UG will attempt to reschedule the Session within a reasonable time frame.
  6. In the event of scheduled regional load-shedding, the Tutor and Client must notify UG to reschedule the Session, prior to the commencement of the Session.
  7. Once the Session has commenced the Session is deemed to be taking place and UG reserves the right to pay a pro-rata fee to the Tutor if the Session was not completed due to a technical fault.
  8. Group Sessions will start promptly and late-comers will not be given extra Session time. 
  9. Individual Sessions will start promptly and the Tutor will wait for a maximum of 10 minutes for the Student to join. If the Student has not joined after 10 minutes, they will still be liable for the full fee.

7. FEES AND PAYMENT

  1. All Fees must be paid to UG only, who shall receive payment on behalf of the Tutor. No direct payment is to be made to Tutors under any circumstances. 
  2. Any penalties arising from late start of Sessions, cancellation of Sessions accepted, and / or in terms of a breach of the Terms and Conditions contained herein shall automatically be debited from the payment due.

8. SAFETY AND INDEMNIFICATION

Screening and Safety Policy

  1. Even though UG does not employ any Tutors and only acts as agent for the Tutor who provides the Sessions directly to the Student, UG implements a company Safety Policy in determining Tutor-Student matchups, taking into account factors relating to age and gender of both Tutors and Students. However, subject to applicable laws, UG cannot be held responsible for the personal actions of Tutors. 

Onus on Client: 

  1. The Client acknowledges the need to take every precaution necessary in dealing with Tutors, as they would with any other independent contractor in their home, which may include but is not limited to supervising Sessions, particularly where minor Students are involved.
  2. The Tutor agrees that it will inform UG of any negative incidents that may occur with a Client so that UG may, at its discretion, investigate and take any steps it deems necessary and appropriate in the circumstances.
  3. Where the Tutor reports any incidents to UG, UG shall implement an internal review process of the Session in question but will not be liable to take any legal action against the Client, and the Tutor acknowledges and accepts that it is the Tutor’s responsibility to pursue any official action against the Client.
  4. Replacing Tutors: In the event of any negative incident occurring with a Tutor and the Client, the Client may request, in writing, that the Tutor be replaced.

9. CLIENT’S CONDUCT TOWARDS TUTORS

The Client shall:

  1. Prior to each Session, make all necessary information available to the Tutor that the Tutor may require in order to properly assist the Student during the Session;
  2. Only use language that is appropriate and not offensive or discriminatory, and treat the Tutor fairly and with respect;
  3. Ensure that all communication with the Tutor is appropriate and limited to what is relevant for the Session;
  4. Not discuss any personal matters with the Tutor or rely on the Tutor for any form of counselling;
  5. Not make any inappropriate suggestions to the Tutor;
  6. Not send any unsolicited communications to the Tutor;
  7. Report any dispute or issue with a Tutor, including any inappropriate behaviour to a Student or parent, or illegal activity, to a Parent and/or UG within 24 hours of the incident / issue; 
  8. Where the Student is a minor, ensure that a Parent is present during the Session or that the Student is comfortable to continue the Session without a Parent being present.

10. DISCLAIMER

  1. UG endeavours to render a professional service, in collaboration with the Tutors. UG does not make any guarantee as to the level of academic improvement that the Student will achieve. Ultimately, it is the Student’s responsibility to invest the time and effort needed to achieve his / her academic goals. The Client accepts that the Tutor is solely responsible for the Sessions provided and to this extent the Client indemnifies and holds UG harmless against any cost, expense, loss, damage, liability, or claim arising from the obligations of the Tutor, and the Client shall not be entitled to withhold and / or set-off any payment due to UG arising from any breach of obligations by UG. This disclaimer does not affect the Client’s statutory rights against UG in terms of any of its obligations as detailed herein.

11. GENERAL

Intellectual Property: 

  1. The Client acknowledges and agrees that all right, title and interest in, and to, any of UG’s intellectual property (including, but not limited to, any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on UG’s website or the Services, including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to UG or the respective owner(s), and will remain its or the owner’s property at all times.
  2. The Client agrees that it will not acquire any rights of any nature in respect to that intellectual property by using the Services.
  3. Personal information: UG takes the right to privacy seriously and is committed to taking steps to protect the Client’s privacy when using the Services, and implements business practices that comply with applicable laws, including the Protection of Personal Information Act 4 of 2013 (“POPI”). All personal information of Client, Students and Tutors will be processed in accordance with all applicable laws. If you provide us with personal information such as contact number, email address or any other information by filling out a form with your personal information and submitting it to us through our website, we use the information only to respond to your messages and for the purposes of offering the Sessions.

Contact Number: 064 542 3116

reception@up-grade.co.za

 
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