TutorCare

Definitions
In this document the following words shall have the following meanings:
-1.1 “Agreement” means these Terms and Conditions together with the terms of any applicable Service Specification;
-1.2 “Customer” means the organisation or person who purchases services from the Supplier;
-1.3 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
-1.4 “Service Specification” means a statement of work or order confirmation or other similar document describing the services to be provided by the Supplier;
-1.5 “Supplier” means Tutorcare Ltd of 2 King’s Court, Harwood Road, Horsham, West Sussex, RH13 5UR.

General
-2.1 These Terms and Conditions shall apply to all contracts for the supply of services by the Supplier to the Customer.
-2.2 Before the commencement of the services the Supplier shall submit to the Customer a Service Specification which shall specify the services to be performed and the fees payable. The Customer shall notify the Supplier immediately if the Customer does not agree with the contents of the Service Specification. All service Specifications are subject to these Terms & Conditions.
-2.3 The Supplier shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services.

Fees and Payment
-3.1 The fees for the performance of the services are as set out in the Service Specification. Once a signed service specification (order confirmation) has been returned you will be liable for the whole fee unless we receive written notification of cancellation.
-3.2 Invoiced amounts shall be due upon receipt of invoice unless otherwise agreed. The Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8.00% per annum above the base rate of the Bank of England. In the event that the Customer’s procedures require that an invoice be submitted against a purchase order to payment, the Customer shall be responsible for issuing such purchase order before the services are rendered.
-3.3 Should the contract be cancelled prior to the service commencing, a fee of 20% per qualification will be payable by the Customer to the Supplier to cover administration and registration costs.
-3.4 For distance learning course the fee is payable prior to the delivery of the Materials, either in full by credit/debit card. If payment is by invoice then goods will not be dispatched until all monies requested, have been paid. The course literature will be posted recorded delivery within 10-days of receipt of payment and a completed application form.

Customer’s Obligations
-4.1 To enable the Supplier to perform its obligations under this Agreement the Customer shall:
-4.1.1 co-operate with the Supplier;
-4.1.2 provide the Supplier with any information reasonably required by the Supplier;
-4.1.3 obtain all necessary permissions and consents which may be required before the commencement of the services; and
-4.1.4 comply with such requirements as may be set out in the Service Specification or otherwise agreed between the parties.
-4.2 The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer’s failure to comply with Clause 4.1.
-4.3 Without prejudice to any other rights to which the Supplier may be entitled, in the event that the Customer unlawfully terminates or cancels the services agreed to in the Service Specification, the Customer shall be required to pay the Supplier as agreed damages and not as a penalty the full amount of any third party costs to which the Supplier has committed and in respect of cancellations on less than five working days’ written notice in the full amount of the services contracted for as set out in the Service Specification, and the Customer agrees this is a genuine pre-estimate of the Supplier’s losses in such a case. For the avoidance of doubt, the Customer’s failure to comply with any obligations under Clause 4.1 shall be deemed to be a cancellation of the services and subject to the payment of the damages set out in this Clause.
-4.4 In the event that the Customer or any third party, not being a sub-contractor of the Supplier, shall omit or commit anything which prevents or delays the Supplier from undertaking or complying with any of its obligations under this Agreement, then the Supplier shall notify the Customer as soon as possible and:
-4.4.1 the supplier shall have no liability in respect of any delay to the completion of any project;
-4.4.2 if applicable, the timetable for the project will be modified accordingly;
-4.4.3 the Supplier shall notify the Customer at the same time if it intends to make a claim for additional costs.
4.5 The customer must provide suitable and sufficient training facilities, large enough to accommodate all candidates, and the course being undertaken (please note that suitable floor space is required for first aid courses). Tutorcare reserve the right to cancel training if the training facilities are found to be inadequate. Provide adequate comfortable seating and provision for written work, along with a power point and table for the trainer. Provide suitable parking provision where possible for the trainer allowing for unloading of equipment.

Refund/Return Policy
We aim to provide a straightforward service for all our clients. If you consider that you have not been properly served by us, or if any difficulty has arisen in our business relationship, contact us. We will review the situation and endeavour to resolve it to your satisfaction. If we find that we failed to provide the service to which you are entitled, we will refund all charges you have paid.

Cancellation Policy
1.1 National Vocational Qualifications- Once we have received your application and a signed order confirmation you will be liable for the whole fee unless we receive written notification of cancellation. For bookings cancelled two or more weeks before a course is due to start, 80% of course fees paid will be refunded or credited to another course. No refund will be made once the course has started, except in exceptional circumstances and then only at the discretion of the Directors. However, we will consider transferring the course fee to another course, less an administration fee of 20%. If you miss/cancel/do not complete the required work on 3 occasions Tutorcare reserves the right to cancel your course. There will be no refund at all.
1.2 Short Courses - Once we have received a signed order confirmation you will be liable for the whole fee unless we receive written notification of cancellation. Courses cancelled, in writing, by the client become liable for the following charges:-
21 days or more notice.. Full refund
14 days or more notice.. 25% of total cost
7 days or more notice.. 50% of total cost
Less than 7 days notice..100% of total cost
Should a trainer fail to attend then Tutorcare will award a 25% discount on rebooking of the short course.
1.3 Distance Learning- Once we have received a signed order confirmation you will be liable for the whole fee unless we receive written notification of cancellation. Single unit courses must be completed within 6 weeks and multiple-unit courses must be completed within 6 months. Students need to return their assignments in accordance with the timescale written on their introductory letter. Late submissions may result in an additional administration fee and or/cancellation of the course.
1.4 All courses – No refund will be made for non attendance on a course. In the event of a cancellation of a course by Tutorcare, we will endeavour to inform all participants as soon as possible, although please be aware this is not always possible. All course fees paid will be reimbursed in full, but we are unable to reimburse any other costs which have been incurred.

Alterations to the Service Specification
-5.1 The parties may at any time mutually agree upon and execute new Service Specifications. Any alterations in the scope of services to be provided under this Agreement shall be set out in the Service Specification, which shall reflect the changed services and fees and any other terms agreed between the parties.
-5.2 The Customer may at any time request alterations to the Service Specification by notice in writing to the Supplier. On receipt of the request for alterations the Supplier shall, within 5 working days or such other period as may be agreed between the parties, advise the Customer by notice in writing of the effect of such alterations, if any, on the fees and any other terms already agreed between the parties.
-5.3 Where the Supplier gives written notice to the Customer agreeing to perform any alterations on terms different to those already agreed between the parties, the Customer shall, within 5 working days receipt of such notice or such other period as may be agreed between the parties, advise the Supplier by notice in writing whether or not it wishes the alterations to proceed.
-5.4 Where the Supplier gives written notice to the Customer agreeing to perform alterations on terms different to those already agreed between the parties, and the Customer confirms in writing that it wishes the alterations to proceed on those terms, the Service Specification shall be amended to reflect such alterations and thereafter the Supplier shall perform this Agreement upon the basis of such amended terms.

Warranty
-6.1 The Supplier warrants that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted and industry standards and practices.
-6.2 Without prejudice to Clause 6.1, and except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the services to be provided by the Supplier.

Indemnification
The customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer’s breach of any of it’s obligations under this Agreement, including any claims brought against the Supplier alleging that any services provided by the Supplier in accordance with the Service Specification infringes a patent, copyright or trade secret or other similar right of a third party.

Limitation of Liability
-8.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether of not arising out of negligence, shall be limited to the fees paid by the Customer to which the claim relates.
-8.2 In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
-8.3 Nothing in these Terms and Conditions shall exclude or limit the Supplier’s liability for death or personal injury resulting from the Supplier’s negligence or that of its employees, agents or sub-contractors.

Termination
Either party may terminate this Agreement forthwith by notice in writing to the other if:
-9.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;
-9.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances;
-9.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
-9.4 the other party ceases to carry on its business or substantially the whole of its business; or
-9.5 the other part is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, trustee or similar officer is appointed over any of its assets.

Intellectual Property Rights
An Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all that is reasonable to ensure that such rights vest in the Supplier by the execution of appropriate instruments or the making of agreements with third parties.

Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

Independent Contractors
The Supplier and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. The Supplier may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve the Supplier of its obligations under this Agreement.

Assignment
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.

Severability
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal unenforceable provision eliminated.

Waiver
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

Notices
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Service Specification or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.

Entire Agreement
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.

No Third Parties
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

Governing Law and Jurisdiction
This Agreement shall be governed by and constructed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

Privacy Policy
Who We Are
In the privacy policy references to “we”, “us” and “our” are to Tutorcare Ltd, “Website” means www.tutorcare.co.uk

What information we collect and how
The information we collect via the Website may include:
1. Any Personal details you knowingly provide us with through forms and our email, such as name, address, telephone number etc.
2. In order to effectively process credit or debit card transactions it may be necessary for the bank or card processing agency to verify your personal details for authorisation outside the European Economic Area (EEA). Such information will not be transferred out of the EEA for any other purpose.
3. Your preferences and use of email updates, recorded by emails we send you (if you select to receive email updates on products and offers).
4. Your IP Address, this is a string of numbers unique to your computer that is recorded by our web server when you request any page of component on the Website, This information is used to monitor your usage of the Website.
5. Data recorded by the Website which allows us to recognise you and your preferred settings, this saves you from reentering information on return visits to the site. Such data is recorded locally on your computer through the use of cookies. Most browsers can be programmed to reject, or warn you before downloading cookies, information regarding this may be found in your browsers ‘help’ facility.

What we do with your information
Any personal information we collect from this website will be used in accordance with the Data Protection Act 1998 and other applicable laws. The details we collect will be used:
1. To process your order, to provide after sales service (we may pass your details to another organisation to supply/deliver products or services you have purchased and/or to provide after-sales service);
2. In certain cases we may use your email address to send you information on our other products and services. In such a case you will be offered the option to opt in/out before completing your purchase.
We may need to pass the information we collect to other companies for administrative purposes. We may use third parties to carry out certain activities, such as processing and sorting data, monitoring how customers use the Website and issuing our emails for us. Third parties will not be allowed to use your personal information for their own purposes.