1. These terms
1.1 These are the terms and conditions on which ‘we’ (the company) supply services to ‘you’ (the customer).
1.2 Please read these terms carefully before you submit your booking(s) to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 ‘We’ (the supplier) is Amy Wild trading as ‘Wild About Languages’, a sole trader established in England and Wales. The company address is 4 Thetford Avenue, Baston, Peterborough, Lincolnshire, PE6 9PG.
2.2 You can contact us by telephoning or texting 07535 000489 or by writing to us at email@example.com and/or 4 Thetford Avenue, Baston, Peterborough, Lincolnshire, PE6 9PG.
2.3 If we have to contact you we will do so by text, telephone or by writing to you at the email address or postal address you provided to us in your booking.
2.4 When we use the words "writing" or "written" in these terms, this includes emails and text messages.
3. Our contract with you
3.1 Our acceptance of your booking will take place when we tell you that we are able to provide you with the services, at which point a contract will come into existence between you (the named contact(s) on the booking) and us.
3.2 If we are unable to accept your booking, we will inform you of this and will not charge you for unused services. This might be due to unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the services.
3.3 We will operate in the role of Tutor and cannot be held responsible for chaperoning minors, nor guarding a house and household effects while Tutoring. Please ensure that a responsible adult is on the premises at all times. Should this not be the case we reserve the right to cancel the session without refund and may cancel your contract.
3.4 Cancellations and refunds: To cancel and/or request a refund, please contact Wild About Languages directly. As soon as you have booked, we begin preparation for your session as well as holding the booking date(s) and time(s) for you. All payments/bookings include a non-refundable deposit of 30% of the total fee to support this reasonable cost to our business. You have the right to cancel bookings within 14 days of the date the booking is made and will receive a refund for the unused services minus the deposit/costs stated above.
Cancellations made after this period will incur the above cost plus:
50% of total cost of session for cancellations made within 72h of the session
100% cost for a session cancelled less than 48h prior to the session.
Rearranging a cancelled session will incur the fee for that session as normal.
This policy applies to individual sessions as well as sessions within block bookings.
In unforeseen circumstances we will do our best to reschedule and to show flexibility, perhaps by offering an online session in the place of an in-person session where suitable. However due to the cost to our business of such events, these cancellation fees will apply in all situations without exception.
4. Your rights to make changes
If you wish to make a change to the services please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. Our rights to make changes
5.1 We may change the services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. These changes will not affect your use of the services.
5.2 In addition, we may make changes to these terms or the services, but if we do so we will notify you. You may then contact us to end the contract and receive a refund of unused services before the changes take effect, in accordance with our cancellation policy. Should you not contact us to end the contract, this is taken as an agreement to the changes and your contract for services will continue under the notified changes to terms and services.
6. Providing the services
6.1 We will supply the services to you on the pre-arranged date(s) agreed. If you are arranging a block of sessions, these must be taken within the specified date range indicated upon booking. With all services booked these must be taken within a maximum 6 month period, or sooner if specified on your booking.
6.2 If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
6.3 If you have asked us to provide the services to you at your property or similar meeting location and you are not present, either as a responsible adult with a tutee aged under 18, or not present for the appointment, you will be charged in accordance with the cancellation policy and we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange (in accordance with our cancellation policy), we may end the contract without notice and clause 7.3 will apply.
6.4 We may need certain information from you so that we can provide the services to you. We will contact you to ask for this information. If you do not provide us with this information, within a reasonable time of us asking for it, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 8.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing any services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.5 We may have to suspend the services to:
6.5.1 deal with technical problems or make minor technical changes;
6.5.2 update the services to reflect changes in relevant laws and regulatory requirements;
6.5.3 make changes to the services as requested by you or notified by us to you (see clause 5).
6.6 We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 3 months you may contact us to end the contract if we suspend the services and we will refund any sums you have paid in advance for services not provided to you.
6.7 Services are paid for at the time of booking. If you do not pay us for the services in accordance with these terms (see clause 10.4) we will not attend booked sessions until payment is received. You must ensure any outstanding payment is received at least 48h prior to a booked session or we will not be able to attend. For any overdue payments, these must be made within 7 days of us reminding you that payment is due. We will suspend supply of all services until you have paid us any outstanding amounts.
6.8 Online Services
6.8.1 We also offer online tuition services. You agree to this method of consultation by confirming an appointment and accept these terms in full including accepting and agreeing to any possible limitations that may be relevant to an online or remote service.
6.8.2 We use technology which allows us to provide the online services provided that you have the appropriate technology (see below) to receive the online services. For this purpose, we use the Zoom cloud-based web conferencing platform (“Zoom’) or similar. We will subscribe to Zoom/Google Meet/Teams and will pay any necessary fees to Zoom or others to maintain that subscription. It will enable us to act as “host” and to provide the online services to you over the internet via the Zoom or other facility. To receive or participate in any of the online services via Zoom/others, you will need to join an online session which is within the scope of your online services. you will not need to pay any fee or charge to use the Zoom or other facility or join that session: you will only need to pay for the online services made available by your online service provider. We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any Zoom App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable you to use Zoom. It will be your sole responsibility to ensure that you have access to, and familiarity with all necessary technology so that you can receive and participate in the online services via Zoom/other facility. If you need any assistance or advice about technology, you should seek it from an appropriate third party. We do not, and cannot, give you any advice about what technology is needed or how to use it.
6.8.3 We do not give consent in any form for you to record sessions yourself via any means.
7. Your rights to end the contract
7.1 You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so, in accordance with our cancellation policy and/or as described below.
7.2 If you are ending the contract for a reason set out at 7.2.1 to 7.2.5 below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
7.2.1 we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 5.2);
7.2.2 we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
7.2.3 there is a risk the services may be significantly delayed or otherwise impacted due to events outside our control;
7.2.4 we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 3 months; or
7.2.5 you have a legal right to end the contract if we do not fulfil the contract.
7.3 If you are not ending the contract for one of the reasons set out in clause 7.2, the contract will end immediately but we may charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.
8. Our rights to end the contract
8.1 We may end the contract at any time by writing to you if:
8.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
8.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or
8.1.3 you do not, within a reasonable time, provide a responsible adult for under 18 tutees at the location for the session, or if a tutee is not present at the session to enable us to provide the services to you.
8.2 If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for services we have not provided (subject to our cancellation policy) but we may also deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8.3 We may write to you to let you know that we are going to stop providing the services. We will aim to let you know within a reasonable timeframe where possible that we are stopping the services and will refund any sums you have paid in advance for services which will not be provided.
9. If there is a problem with the services
9.1 If you have any questions or complaints about the services, please contact us. You can contact us by telephoning 07535 000489 or by writing to us at firstname.lastname@example.org 4 Thetford Avenue, Baston, Peterborough, Lincolnshire, PE6 9PG.
9.2 In the unlikely event there is any issue with the services:
9.2.1 You will give us, in writing, full details of the issue, including specific time, date and other details of the session (tutee name, address, contact details) and specific reasons why you have reported an issue, relating to these agreed terms and conditions. Full details of the correspondent (name, address, email and telephone number) must also be provided. If the issue is found to be our responsibility, we will do our best to remedy the issue within a reasonable time frame. If remedying the issue is not possible and is deemed our responsibility, we will refund the price you have paid for the services minus any specific administration costs incurred.
9.2.2 We will not accept any anonymous or other reporting of issues if full details as above are not provided in writing. We do not respond to any abusive correspondence and this will result in immediate termination of contract without refund. Any abusive behaviour , including any unlawful or abusive postings on social media will be reported to the police.
10. Prices and payment
10.1 The price of the services (which includes VAT) will be the price set out in our service price list in force at the date of your booking unless we have agreed another price in writing.
10.2 If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
10.4 All services are paid for upon booking, at least 48h in advance of the first session date. A block of sessions will be paid for in full at least 48h prior to commencement of the first session of that block. We accept payment via card using Stripe, via bank transfer or cash. Any outstanding amounts or unpaid invoices must be paid within 7 days of a reminder or additional costs may apply.
10.5 If you do not make any payment to us by the due date (see clause 10.4) we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
10.6 If you think an invoice is incorrect please contact us promptly to let us know.
11. Loss or damage - responsibilities
11.1 We make all effort to comply with these terms within reasonable circumstances. You agree to the provision of our services as tutors, and we do not agree to any further roles or responsibilities. We do not make any undertaking to guarantee results (such as examination results, communication/speaking goals not being met, deadlines you may set for tutoring outcomes, business opportunities not met and so on) from our tuition. We will not be held responsible for any loss or damage you or tutees may claim to suffer as a result of our services being provided, and we do not provide compensation for any claims appertaining to this.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
11.3 If we are providing services in your property, you agree to allow usage of suitable space and facilities within reasonable grounds for health and safety and the ability to undertake the relevant services booked. Any alternative location you arrange must provide safe and reasonable space and facilities to undertake our services. We will not be held responsible for any damage to property where suitable safety measures have not been taken, and you may be liable for compensation for any injury, loss or damage incurred by us should this be the case.
12.1 We will use the personal information you provide to us to:
12.1.1 provide the services;
12.2.2 process your payment for such services; and
12.2.3 if you agreed to this during the booking process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
13. Other important terms
13.1 We may transfer our rights and obligations under these terms to another organisation.
13.2 You may only transfer your rights or your obligations under these terms to another person with our written consent.
13.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
13.6 These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.