Last updated on 1st September 2016.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.empoweriser.com website and services delivered by the Origin Tutors Limited t/a Empoweriser. Your right of access to the website and use of the Service is conditioned on your acceptance of these Terms. These Terms are applicable to all visitors and users who access or offered the Services by the Origin Tutors. Any use and/or access to the Services is conditioned on your agreement these Terms. If you disagree with any part of the terms then you may not access the Service.
“Company” shall mean Origin Tutors Limited, a company registered under number 582094 with registered office at Office 28, Unit 1, North Park, North Road, Dublin 11 Ireland. “Fee” shall mean the amount payable by the Client to the Company for the Services which is calculated by reference to the hourly, daily, weekly, and/or monthly rate. “Cancellation Notice” shall mean a notice to make a cancellation request for the scheduled lesson through telephone and email to the Company. “Hourly Rate” shall mean the amount of fee payable to the Company on an hourly basis of Services provided by their Tutor (s), as confirmed by the Client by email at the beginning of each tutoring lesson. “Daily Rate” shall mean the amount of fee payable to the Company on a daily basis of Services provided, as confirmed by the Client by email at the beginning of each tutoring lesson. “Weekly Rate” shall mean the amount of fee payable to the Company on a weekly basis of Services provided, as confirmed by the Client by email at the beginning of each tutoring lesson. “Monthly Rate” shall mean the amount of fee payable to the Company on a monthly basis of Services provided, as confirmed by the Client by email at the beginning of each tutoring lesson. “Invoice” shall mean the invoice or bill to be provided by the Company to the Client in the specific form for the required or delivered services. “Home Tuition” shall mean the services provided by the tutors at the client’s residential place for the convenience of client. “Services” shall mean tuition services delivered by the tutor to the client.
“Student” shall mean the person who shall receive the tuition. In case of adult, the Client is same as the Student. “Timesheet” shall mean the record sheet to be provided by the company to the Tutor and to the Client which shall always be in the specific form provided to the Tutor and to the Client by the company.
In this Agreement words denoting the singular include the plural meaning, and vice versa, and words addressing the client (s) and tutor (s) are irrespective of gender.
2. The Company
2.1. The Client accepts that the Company is providing an administrative role on their behalf in which the Company:
2.1.1. negotiates with the Tutor to agree the terms on which the Tutor will provide Services;
2.1.2. requests monthly or, when appropriate more regular feedback, from the Tutor and Client to ensure the best Tuition;
2.1.3. deals with the administration of the Client’s payment of the Fee to the Tutor; and
2.1.4. provides general liaison services on behalf of the Client as between the Client and the Tutor.
2.2. The Client accepts that in providing the services described at Clause 2.1 above the Company is acting as the agent of the Client and therefore the Client will accept all requests, instructions and communications from the Company that are made on behalf of the Tutor as if they came from the Tutor directly.
3. Description of Services
Crash Course: A strategic training course which is designed to cover a lot of information in a limited period of time on one or more subject matter as per the requirement of the client.
3.1.Hourly/Weekly/Monthly Tuition: This service includes steady and systematic individual or group tuition to the Clients offered during the academic semester/year.
3.2.Skill Development Courses: This service offers specialised courses to our Client (s) for developing their personal and professional skills such as learning foreign languages, developing technical and management skills.
3.3.Study Materials: This service provides study material to the Clients for better understanding of the subject, an ideas or reasoning which can help their own research and for direct citation (if referenced properly).
4. Mode of Payment
For the convenience of our client, we accept the following forms of payment methods:
4.1.Cash – We do not accept cash payments offered directly to our tutors by the clients. Clients are not allowed to accept any such payment offer made by tutors. The client can do cash payments directly at our office to an authorized person. However, any request for cash payments to the tutors is conditioned to the preapproval from the company’s managing director.
4.2.PayPal – Our company accept payment via PayPal for all services offered to the client. The client will need to transfer payment to the company’s PayPal username email@example.com. Payment made through PayPal immediately gets effected and the company should receive a message from PayPal as soon as the funds have been paid by the client into the company’s PayPal account. Please note that for PayPal option, the client must have a valid PayPal account.
4.3.Wire Transfer – The client can pay their invoice through wire transfer. The company will provide an electronic invoice to the client detailing all services performed and the amount due. The company will request that the client provide all banking information pertinent to the wire transfer.
4.4.Credit/Debit Card – To ensure maximum security for all parties, the company uses Stripe to process all Debit/Credit card payments via our electronic invoice. This payment process is very simple. The client will get an e-invoice from the company with an option to pay by credit/debit card. Stripe is certified to PCI Service Provider Level 1, the most stringent level of certification. For more information, visit www.stripe.com.
5. Payment and Cancellation Policies
5.1.For Hourly Placements, it is agreed that the Client may elect to change tutors after the first lesson if in the reasonable opinion of the Client or Student the Tutor is unsuitable. In such a case, the Client will not be charged for this session and the Tutor will receive no payment. This is not applicable for clients receiving any other services from the Company as disclosed in clause 3.1, 3.3, and 3.4.
5.2.It is agreed that all payment arrangements between the Client and the Tutor shall be handled by the Company.
5.3.The Client shall not approach the Tutor directly in relation to the payment matters.
5.4.The Client agrees that payment is made directly to the Tutor (s), if and only if the company gives the consent under any special circumstances.
5.5.Interest shall be charged on any payment which is outstanding from the client for more than 14 days. The company shall be entitled to charge 5% per month compound interest on all outstanding sums from the due date until payment is received.
5.6.If a Client cancels a scheduled lesson with less than 12 hours through written or oral notice, then the company has the right to charge the Client in full for the scheduled lesson. However, this penalty can be released only by mutual agreement of the company and the tutor.
5.7.The Company will set out an estimate of the charges for the required work which should be agreed by the Client at the initial stage. In the event of any additional work, further charges may be incurred. A supplementary estimate will be furnished to the Client in advance of any such additional charges.
5.8.The Client agrees to inform the Company about any required additions, corrections and changes in the study materials within 48 hours of their receiving. If notifying after 48 hours, any additions, corrections and changes will be considered as an additional work for the Company. Hence, client will be liable for extra charges for this additional work.
6. Client’s Responsibilities
6.1.The Client agrees that the Tutor shall not be held responsible for chaperoning or caring for minors or guarding a property and household effects whilst providing Services.
6.2.The Client agrees to treat the Tutor in a fair and respectable manner at all times.
6.3.The Client acknowledges that the Tutor does not make any guarantees regarding the Student’s future academic performance or exam success.
6.4.The Client agrees to sign (where applicable) for the confirmation of the date, time and duration of the Tuition/training Session mentioned under clause 3.
6.5.The Client agrees that, in the event of any dispute between Client and Tutor, both Tutor and Client relieve the Company from all claims, demands and damages (actual and consequential) in any way connected with any such dispute.
6.6.The company can try to arbitrate any dispute arising between a Student and a Tutor, but offers no guarantees in this regard. Please contact us if you have a dispute that you would like us to attempt for arbitration.
6.7.The Client agrees that any study material in the form of document/drawing/pictures received through the services of the Company is intended only for the use of academic learning purpose. The Company do not tolerate any activity of our client which can lead to plagiarism especially when the study material received through our services is submitted to any educational institution under the false claim of being their own work. Subsequently, neither the Company nor any tutor/employee, or our mentor can be held liable for the violation of this term and condition. Hence, only client will be responsible for any misuse of the study material provided by the Company.
6.8.The Client agrees to acknowledge the receipt of study material.
7. Tutor’s Responsibilities
In exchange for the Fee, the Tutor agrees to be available to provide the Services, at the request of the Client, at such times as are mutually convenient. It is understood that the Tutor shall have no obligation to provide the Services hereunder, nor shall the Client have any obligation to provide work for the Tutor. It is agreed that the Tutor shall at all times perform the Services to the highest standard. In particular the Tutor shall make every effort to: be punctual; be presentable and dressed in an appropriate and respectable manner at all times; be polite, diligent, and helpful; and do all the preparation for each tutoring session. Tutor (s) accept that tutor is not allowed to approach the client in regards to any type of payment matters. Any such activities without prior consent with the company will lead to the dismissal of the tutor. If for any reason the Tutor shall be delayed due to circumstances beyond his/her control, the Tutor agrees to contact the Client to let him/her know (even if the Tutor will be as little as five minutes late). The Tutor agrees to make up this lost time where appropriate by staying longer than the allocated tuition session or by making it up in the next session. The Tutor must keep the Client informed of any issues or problems with each Student taught, as and when they develop. The Tutor agrees not to smoke and/or drink alcohol or perform any inappropriate activities within the vicinity of the tutoring placement. The Tutor also agrees to make sure s/he does not smell of smoke. The Tutor agrees, so far as is reasonable, to be in ready contact by email and telephone with the Client to enable the Client to inform him/her of possible hours of Tuition and of any cancellations. The Tutor agrees that once s/he has accepted a placement then the Tutor is committed to the specified times and dates. The Tutor shall, at the request of the Client, provide any reports and/or information as to the Student’s performance and his own. The Tutor shall keep an up-to-date record and schedule of all hours worked using Tuition Timesheet provided by the company. The Tutor shall assist the Client to whatever extent reasonable and necessary in all administrative process, including but not limited to clearance with the Criminal Records Bureau and other necessary checks prescribed by law and/or governmental regulation and the Tutor accepts that this administrative process will be taken care of by the Company.
8. Data Protection Declaration
The sole purpose for acquiring the client personal information may include: to enable each student to develop his/her learning ability, to comply with our administrative requirements, to benefit students from the relevant teaching supports and to enable us to contact parent/guardians in the case of emergency. The client agrees that the details provided by the client is correct and will be held on computer and or in printed form or otherwise by the company.
The Company may wish to contact the client by text message, email, post, telephone or in person about tutoring related products or services which may be of interest to the client. For the avoidance of doubt, the Company will not sell or provide personal data to third parties for direct marketing use. The Company will not use personal data to market non-teaching/academic related products or services. The client has full right to opt-out from marketing emails by either writing to the Company at firstname.lastname@example.org or by calling at +353 14456969. The client may opt out at the time when the Company collects their data or at any time thereafter.
The Company reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material we will try to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Us: If you have any questions about these Terms, please contact us at email@example.com or by calling at +353 14456969