Trading Terms & Conditions
1. Definitions and Construction
a. In these terms and conditions (“Terms and Conditions”), words and expressions shall have their ordinary meaning unless otherwise defined in these Terms and Conditions or the T2T Booking Form;
b. any reference to a “party” or “parties” shall unless otherwise stated mean a party or the parties to this Booking Agreement; and
c. references to clauses and sub-divisions of them are references to the clauses of these Terms and Conditions; and
d. references to any enactment shall be deemed to include references to such enactment as re-enacted, amended or extended and any subordinate legislation made from time to time under it; and
e. headings are inserted for convenience only and shall be ignored in construing these Terms and Conditions; and
f. the words “include”, “including” and “in particular” shall not be interpreted as limiting the generality of any foregoing words; and
g. references to a “person” includes any individual, company, corporation, firm, partnership, joint venture, association, organisation, institution, trust or agency, whether or not having a separate legal personality; and
h. references importing the singular include the plural and vice versa.
2. Booking Agreement and Tutor Session Bookings
2.1 These Terms and Conditions are legally binding and together with the Booking Form constitute the agreement between the parties relating to the provision of individual tutoring sessions, booked in accordance with Clause 2.2 below during the Tutoring Period (the “Booking Agreement”).
2.2 A booking of an individual tutoring session by the Customer made by telephone, verbally in person or by any electronic means (a “Tutor Session Booking”) is subject to acceptance by T2T and may be accepted by T2T either verbally by the Tutor or T2T team member, in writing (including by electronic acceptance methods) by the Tutor or T2T team member, or by the provision of actual tutoring session by the Tutor.
2.3 A Tutor Session Booking is irrevocable once made by a Customer.
3. T2T Obligations
3.1 Subject to Clause 3.3 below, each accepted Tutor Session Booking will be conducted at the Customer address set out in the Booking Form or virtually via video conferencing facilities (including but not limited to Zoom, Skype or Microsoft Teams) if requested by the Customer.
3.2 T2T may substitute the Tutor named in the Booking Form from time to time for an individual with suitable experience relating to the Tutoring Focus.
3.3 T2T reserves the right to conduct an accepted Tutor Session Booking using video conferencing facilities (including but not limited to Zoom, Skype or Microsoft Teams) where public health guidance recommends non-household mixing.
3.4 T2T will procure that the Tutor provides each accepted Tutor Session Booking exercising reasonable care and skill but does not warrant or guarantee outcome including but not limited to achievement of exam passes, grades or entrance into educational institutions or employment.
4. Late Payment of Charges and Set Off
4.1 Without prejudice to T2T’s other rights and remedies under this Booking Agreement or otherwise at law, any amount not paid by a Customer by the relevant date(s) set out in the Booking Form will be subject to a surcharge of 8% of such amount payable immediately; further surcharges of an additional 8% (calculated on a compound basis) will be imposed in respect of the principal amount which is still outstanding after the 10th day of each of any subsequent months.
4.2 Without prejudice to any other rights T2T has, if the Customer does not pay T2T in accordance with the payment provisions set out in the Booking Form, T2T shall, without prejudice to its other rights and remedies under this Booking Agreement or otherwise at law, be entitled to suspend the provision of the Services.
4.3 All payment of the T2T’s invoices shall be made in full and the Customer shall not be entitled to claim any rights of set-off in respect thereof.
5. Cancellation of Individual Tutoring Sessions
5.1. T2T in its absolute discretion may consider requests in writing (by email sent to email@example.com) from a Customer to cancel a Tutor Session Booking subject to the following terms:
5.1.1. the Customer will pay 100% of the total Tutor Session Fee if less than 24 hours notice is given.
5.1.2. the Customer will pay 50% of the total Tutor Session Fee if less than 48 hours but more than 24 hours notice is given.
5.1.3 T2T may consider a postponement and rescheduling of a session if more than 48 hours notice is given.
5.2 For the avoidance of doubt, T2T’s agreement to cancel an individual Tutor Session Booking does not in any way impact the Customer’s obligation to pay for any other Tutor Session Bookings during the remainder of the Tutoring Period.
5.3 T2T may on occasion need to reschedule accepted Tutor Session Bookings because of unforeseeable circumstances including but not limited to illness of the named Tutor. T2T will use reasonable endeavours to secure a substitute tutor for the accepted Tutor Session Booking but if not possible T2T will reschedule the accepted Tutor Session Booking to a mutually convenient alternative time and date.
6.1. Subject to clause 6.2, T2T’s maximum aggregate liability for any loss or damage in respect of any claims arising out of Tutor Session Bookings accepted pursuant to this Booking Agreement whether in contract, tort or otherwise shall not exceed the value of payments made by the Customer and received by T2T in cleared funds pursuant to the relevant accepted Tutor Session Booking.
6.2. Nothing in this Booking Agreement shall exclude or restrict either party’s liability for death or personal injury resulting from the negligence of that party or of its employees while acting in the course of their employment or shall exclude or restrict a party’s rights, remedies or liability under the law governing this Booking Agreement in respect of any fraud or fraudulent misrepresentation.
6.3. Except as expressly set out in this Booking Agreement, all conditions, warranties, terms and undertakings, express or implied, statutory or otherwise in respect of the obligations of the parties under this Booking Agreement are excluded to the fullest extent permitted by law.
Neither party shall during or after the expiry of this Booking Agreement, duplicate or disclose, or permit the duplication or disclosure of, any Confidential Information, nor use the same in any way other than to perform its obligations under this Booking Agreement unless such duplication, use or disclosure is specifically authorised by the other party in writing or it is requested to disclose such information by law (including but not limited to the obligations set out in the Undertakings).
This Booking Agreement comprises the entire agreement between the parties in respect of the relevant accepted Booking of Airtime and supersedes all previous statements (whether oral or written) made by either party and all previous agreements, understandings and arrangements in respect of the Booking.
No amendment or variation of this Booking Agreement shall be effective unless it is agreed between the parties.
10.1. The provisions of those clauses intended to have continuing effect shall continue in full force and effect following the termination or expiry of this Booking Agreement.
10.2. If the whole or any part of any provision of this Booking Agreement is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from this Booking Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Booking Agreement and shall in no way affect the validity or enforceability of any other provisions.
10.3. No waiver by T2T of any breach of the Customer’s obligations shall constitute a waiver of any other prior or subsequent breach and T2T shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any obligation of the Buyer.
10.4. The parties acknowledge and agree that the execution of this Booking Agreement by either party by way of an electronic representation of the authorised signatory's signature shall be a valid execution of this Booking Agreement.
10.5. In the event of any conflict between any provision in the Booking Form and any provision in these Terms and Conditions, these Terms and Conditions shall prevail.
10.6. This Booking Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including any non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English courts.
Effective from: 1 January 2021