Terms

The following are the Terms and Conditions you agree to when you choose UES London to provide tuition services to you.

The Company draws the Customer’s attention to clause 9 in particular.
 
This Agreement, together with our Privacy Policy and Child Protection Policy, tells you information about us and the legal terms and conditions on which we provide the Services to you. Please read this Contract carefully and make sure that you understand it, before ordering the Services. Please note that before placing an order you will be asked to agree to this Contract. Please tick the box marked [“I agree to the Terms and Conditions”] when confirming your order online or sign the Contract when confirming your order in person if you agree to be legally bound by these terms and conditions.

By submitting an order to UES London Ltd of 37 Crawford St, London, W1H 1HA, Reg Co. No. 08490313, (the “Company” ) and you (the “Customer” ) consent to the following terms and conditions (the “Conditions” ):

  1. Contract
    1. An Order, submitted in accordance with clause 4 constitutes an offer by the Customer to contract with the Company on these Conditions.
    2. The Order shall be deemed accepted upon written confirmation from the Company, at which point a contract is formed on the basis of these Conditions (the “Contract”).  Each Order accepted by the Company constitutes a separate Contract under these Conditions.
    3. The Contract shall constitute the entire agreement of the parties.  The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Company which is not set out in these Conditions.
  1. Services
    1. “Services” may include the provision of Private Lessons, Class Lessons, Editing/Proofreading Tuition Services, and/or Mock Exams as agreed with the Company, and shall be given by a tutor arranged  by the Company (the “Tutor”) to such person as the Customer shall nominate (the “Student”).
    2. A “Private Lesson” shall consist of tuition by a Tutor to the Student.  Private Lessons shall be for only one Student, unless otherwise agreed in writing with the Company.  Private Lessons agreed for more than one Student shall still be considered Private Lessons for the purposes of these Conditions.
    3. A “Class Lesson” shall consist of at least one hour’s tuition by the Tutor to the Student and a group of other students.  The number of students in Class Lessons shall not exceed 15.
    4. “Editing/Proofreading Tuition Services” means the provision of online editing or proofreading services.
    5. A “Mock Exam” shall consist of a practice exam invigilation by a tutor/tutors for a group of Students.  The number of Students in Mock Exams shall not exceed 20.
    6. Subject to written approval by the Company, Private Lessons shall be held at such premises nominated by the Customer (the “Tuition Premises”).  Class Lessons/Mock Exams shall be held at the premises used by the Company (the “Company Premises”) or such other premises as the Company decides, provided it gives notice to the Customer in writing.
    7. By nominating the Tuition Premises to the Company, the Customer confirms that he/she has the legal authority and permission to host the Private Lessons at the Tuition Premises, and that the Tuition Premises are suitable, adequate and safe.
    8. The Private Lessons, Class Lessons and Mock Exams are offered as preparation for the exams listed on the Company’s website.  It is the responsibility of the Customer and/or Student to arrange to take the relevant exams and the Company has no responsibility/liability in this respect.
  1. Tutors: qualification and background checks
    1. The Company confirms that the Tutors are sufficiently qualified to provide the Services in the opinion of the Company at its sole discretion.
    2. The Company confirms that before providing the Services each Tutor is subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service including a check against the adults’ barred list or the children’s barred list, as appropriate.
    3. The Company shall monitor the level and validity of the checks under clause 3(b) for each Tutor.
  1. Orders, Fees and Payment
    1. The Customer shall purchase the Services in 15 minute or hour long increments as directed by the Company (“Lesson Slots”).
    2. The Customer shall notify the Company in writing of the number of Lesson Slots he/she would like to order from the Company.  This shall constitute the “Order”.
    3. The Company shall confirm the Order and the fees for the Order (the “Fees”), in writing to the Customer.
    4. The Company reserves the right to charge additional fees for travel to Tuition Premises other than the company address (“Travel Charges”).  The Company will confirm the Travel Charges to the Customer before the commencement of the Services.
    5. The Customer shall make payment of the Fees and the Travel Charges monthly in advance of lessons, or in arrears.  The Customer shall confirm the payment schedule with Company in writing before the commencement of Services.
    6. Subject to clause 4(i), the Customer shall make payment of the Fees and the Travel Charges within 5 days of receipt of the relevant invoice, by such method specified.
    7. The Customer acknowledges that payments in arrears other than Direct Debit may incur additional administration charges.  The details of these administration charges will be provided by the Company to the Customer prior to payment.
    8. The Customer acknowledges that certain payment methods may incur additional processing charges.  The details of these processing charges will be provided by the Company to the Customer prior to payment. 
    9. The date of the first Private Lesson, Class Lesson, Mock Exam or Editing/Proofreading Tuition Services under the Contract Order, whether or not such Services actually occur, or 5 days within the receipt of invoice for such services, whichever is the sooner, shall be deemed the “First Due Date” for payment for that first Private Lesson, Class Lesson, or Editing/Proofreading Tuition Services purchased. After the First Due Date, the deemed “Due Date” for payment for Private Lessons and Editing/Proofreading Tuition Services will be within 5 days of receipt of invoice and invoices will usually be rendered in arrears (but the Company reserves its right to invoice in advance). The deemed “Due Date” for payment for Mock Exams and class Lessons shall be within 5 days of receipt of invoice and invoices will be rendered in advance.
    10. Should the Customer fail to pay the Fees and/or the Travel Charges by the First Due Date/Due Date, the Customer shall pay interest on the outstanding amount at a rate of 5% per annum above the base rate at the Bank of England from time to time.  Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount.
    11. The Customer agrees that he/she is responsible for the payment of fees levied by tutors for the provision to the Customer of Private Lessons and Editing/Proofreading Tuition Services, including any Travel Charges (“Tutor Fees”).
    12. The Customer grants permission to the Company to pay the Tutor Fees to the Customer’s tutors on behalf of the Customer.
    13. The Customer acknowledges that the Fees and Travel Charges paid by the Customer to the Company include the payment of Tutor Fees, as set out in all invoices that the Company issues to the Customer.
  1. Cancellation of Services and Refunds
    1. The Customer shall provide the Company with at least 24 hours’ notice for the cancellation of a Private Lesson.
    2. If the Student is not present at the Tuition Premises for a Private Lesson and the Customer is not reachable, the Tutor will wait for 15 minutes from the starting time of the lesson.  Any time waiting will be deducted from the lesson time.  If at the end of 15 minutes, the Student is still not present, the Private Lesson shall be deemed cancelled and clause 5(e) shall apply.
    3. Notice of cancellation of a Private Lesson may be given to the Tutor or to the Company by the Customer in writing (including by email).
    4. If the Customer provides 24 hours’ notice or more before the cancellation of a Private Lesson, the Customer shall be entitled to rearrange the Private Lesson or request a full refund of the Fees.
    5. In the event that the Customer fails to provide the notice set out in Clause 5(a), the Customer shall forfeit any right to refund or rescheduling and the Fees and Travel Charges shall still be due.
    6. The Customer shall provide at least 4 weeks’ notice for the cancellation of Class Lessons. 
    7. In the event of the cancellation of Class Lessons or Mock Exams, the following refund conditions shall apply:
      1. if the Customer cancels with 4 weeks’ notice or more, the Company shall issue a refund of 100% of the Fees paid by the Customer;
      2. if the Customer cancels with 3 – 4 weeks’ notice, the Company shall issue a refund of 75% of the Fees paid by the Customer;
      3. if the Customer cancels with 2-3 weeks’ notice, the Company shall issue a refund of 50% of the Fees paid by the Customer; and
      4. if the Customer cancels with less than 2 weeks’ notice, no refund shall be issued to the Customer.
    8. In the event that the Tutor arrives late to provide the Services, the Customer shall be entitled to the lost time either as an extension of the relevant lesson beyond its originally scheduled time or as an extension of a future lesson. 
    9. In the event that the Tutor fails to arrive to provide the Services, the Customer shall be entitled to reschedule the Services for another date, as agreed by the Company.
    10. Under the circumstances set out in 5(h) and 5(i), if the Tutor is unable to reschedule the lost time, the Customer shall be entitled to a refund of the Fees and Travel Charges for the unused time.
    11. Travel Charges will only be refunded to the Customer if no tuition occurred.
    12. Save for the refund in 5(j), all other refunds from the Company to the Consultant in this clause 5 shall be subject to a £15 administration fee which shall be deducted from the refund payable by the Company to the Customer.
  1. Termination and Cooling-Off Period
    1. The Customer has a legal right to cancel this Contract during the period set out below in clause 6(b) This means that during the relevant period if the Customer changes their mind or decides for any other reason that they do not want to receive the Services, they can notify the Company of their decision to cancel the Contract and receive a refund.
    2. The Customer has 14 days to cancel the Contract commencing from the date upon which the Customer receives written confirmation of their order from the Company in accordance with clause 1.b.
    3. If the Customer would like to cancel the Contract, the Customer must notify the Company of the decision to cancel in writing. The Company will acknowledge cancellations by email.
    4. If the Customer cancels the Contract within the cooling-off period, the Company will refund any charges that the Customer has paid in advance of receiving any Services. However, if the Customer cancels the Contract and the Company have already started to provide the Services, the Customer will pay the Company any costs reasonably incurred in starting to fulfil the Contract, and this charge will be deducted from any refund that is due to the Customer or, if no refund is due to the Customer, invoiced on receipt of the notice of cancellation by the Company. The Company will tell the Customer what these costs are when the Company acknowledges the notice of cancellation.
    5. Unless terminated earlier under this agreement, the Contract will terminate when the Company has provided all the Services purchased by the Customer and the Customer has paid for these in accordance with these Conditions.
    6. The Company may terminate the Contract on 7 days’ written notice to the Customer and without providing the Customer or the Student with reasons for the termination.
    7. In the event of a termination under clause 6(f), the Customer shall be due a refund of all Fees for Services yet to be provided (less any unpaid fees for lessons or travel). Any Fees owed by the Customer to the Company for Services already provided shall immediately fall due and interest shall accrue in accordance with clause 4(h).
    8. Following the expiry of the cooling off period in 6(b) above, the Customer may terminate the Contract with 14 days’ notice in writing to the Company. Subject to the provisions in clause 5, the Customer shall be due a refund of all Fees for Services yet to be provided.
  1. Intellectual Property
    All tuition materials and any other materials used by the Tutor to provide the Services (and any intellectual property rights therein) are the property of or licensed by the Company, and nothing in these Conditions serves to transfer any rights in such materials to the Customer/Student.The tuition materials may not be reproduced, photocopied, reused or made available to others without the written consent of the Company.
  1. Data Protection
    1. The Company shall comply with the Data Protection Act 1998 and other relevant data protection legislation concerning the processing of the personal data of the Customer and the Student. 
    2. The Customer and Student consent to the use of the data by the Company for the purposes of providing the Services such as arranging Tutors, billing and collecting Fees and general contact with the Customer and/or Student from time to time. 
  1. Limitation of Liability
    1. Nothing in these Conditions shall limit or exclude the Company’s liability for death or personal injury, caused by its negligence or the negligence of its Tutors, or fraud or fraudulent misrepresentation.
    2. The Company shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any direct, indirect or consequential loss arising under or in connection with the Contract.
    3. The Company’s total liability to the Customer in respect of all losses under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of Fees paid by the Customer under that Contract.
    4. The Company makes no guarantee as to the performance of the Student on any exam or work and shall not be responsible for the Student failing to obtain any result on an exam.
  1. Complaints/Disputes
    1. The Customer shall deliver any complaint to the Company in accordance with clause 11(c).  Failure to do so will constitute a waiver by the Customer of any legal rights or remedies.
    2. The Company shall use its reasonable endeavours to resolve any complaints raised by the Customer.
  1. Miscellaneous
    1. The Company may amend these Conditions on 28 days’ notice to the Customer. If the Customer does not terminate the Contract in accordance with clause 6 before the expiry of the 28 day notice period, the Customer is deemed to have agreed to be bound by the changes.
    2. The Lesson Slots are non-transferable.
    3. Unless specified otherwise in these Conditions, notice from the Customer to the Company must be given to the Company in writing.  “In writing” includes sending by first class post or email to the addresses provided by the Company to the Customer.  Notice sent by first class post shall be deemed delivered 3 days after posting.  Notice sent by email shall be deemed delivered upon sending (unless an out of office or undelivered message is received, in which case notice is not validly given).
    4. Any Fees paid but not used for the Services expire one year from the date of payment.
    5. If any part of these Conditions is deemed unenforceable, the enforceability of any other part of these Conditions will not be affected.
    6. A person who is not a party to the Contract shall not have any rights to enforce its terms.
    7. These Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
    8. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

 

Contact Us

020 7724 8333
info@ueslondon.co.uk

37 Crawford St
Marylebone
London
W1H 1HA

       

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