Section 1 - Overview Of Terms

 

This agreement establishes the terms and conditions under which Spark Tutoring Ltd (‘we’, ‘us’, ‘our’) provides you or your child (‘you’) with its educational tutoring services.

 

This is an agreement between you and us. However, it may involve the communication and delivery from many of our representatives. 

 

By purchasing our services, you accept these terms and conditions and that they represent a legally binding contract between you and us.

 

You acknowledge that you have carefully read these terms and conditions and understand that they apply to any services you purchase from us.

 

These terms may change from time to time and will be updated on our website at https://www.spark-tutoring.co.uk/terms-and-conditions. You are encouraged to frequently check our website in order to keep up to date with changes. Modifications will be effective the day they are posted to our website.

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Section 2 - Personal Information

 

We shall use the personal information you give to us to: provide the services; process your payment for the services; and inform you about any similar products and services that we provide (though you may stop receiving this information at any time by contacting us by email at contact@spark-tutoring.co.uk or clicking the unsubscribe button in our emails).

 

We shall not give your personal information to any third party unless you agree to it.

 

For full details of how we deal with your personal data, see our privacy policy here https://www.spark-tutoring.co.uk/privacy-policy. 

 

Subject to the clauses above, all confidential information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where we consider it necessary to do so because of concerns of risk to yourself or others or to assist the prevention or detection of a crime.

 

Section 3 - Services Provided

 

You are responsible for ensuring that your child is ready to begin all scheduled tutoring sessions and check-in sessions at the agreed times and has the necessary computer equipment to join the online sessions.

 

We reserve the right to use any agreed evidence of “before and after” progress within promotional materials, both web-based and offline and, accordingly, you hereby consent to such usage, including the use of your and/or your child’s name.

 

Prior to beginning any engagement, you and your child will go through an initial onboarding process. On completion of the onboarding process, your child will work with a tutor or tutors provided by us. 

 

Throughout the engagement and subject to the circumstances between you and us, changes may be made to the tutor or tutors delivering the services to you and your child.

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BASELINE

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On the Baseline service, your child will receive online tutoring sessions via a video conferencing platform and access to any other outlined aspects of the service.

 

FOUNDATIONS

 

On the Foundations service, your child will receive online tutoring sessions via a video conferencing platform, access to the Spark Tutoring Portal (tutoringportal.io) and access to any other outlined aspects of the service.

 

EXCEL

 

On the Excel service, your child will receive online tutoring sessions and online mentoring check-in sessions via a video conferencing platform, full access to the Spark Tutoring Portal (tutoringportal.io), involving a weekly personalised task list and access to any other outlined aspects of the service.

 

ACCELERATOR

 

On the Accelerator service, your child will receive a bespoke program involving the inclusion of online tutoring sessions and online mentoring check-in sessions via a video conferencing platform, access to the full Spark Tutoring Portal (tutoringportal.io), involving a daily personalised task list, and access to any other outlined aspects of the tailored program.

 

HOMESCHOOLING BLUEPRINT

 

On the Homeschooling Blueprint service (Foundations), your child will receive online tutoring sessions via a video conferencing platform, access to the Spark Tutoring Portal (tutoringportal.io) and access to any other outlined aspects of the service.

 

On the Homeschooling Blueprint service (Excel), your child will receive a bespoke program involving the inclusion of online tutoring sessions and online mentoring check-in sessions via a video conferencing platform, access to the full Spark Tutoring Portal (tutoringportal.io), involving a daily personalised task list, and access to any other outlined aspects of the tailored program.

 

Section 4 - Billing 

 

The deposit payment will be made via invoice or payment link.

 

For all services excluding the Accelerator service, after the deposit payment, we will then automatically bill payments, via a payment processor, on a subscription basis on the first calendar date of each month. Unless communicated otherwise, the agreed monthly billing date will be that of the first calendar date of each month.

 

Where the date of commencement of the services falls before the first full monthly billing period, you will be billed a prorated fee on the date of commencement for the time period between the date of commencement of the services and the first full monthly payment.

 

You may request a changes to your billing date or service by contacting contact@spark-tutoring.co.uk. In such instance, billing will be prorated for the affected months. Details of such proration will be communicated by us to you in writing. 

 

For the Accelerator service, any subsequent payments will be made in line with the separate Confirmation Document between you and us.

 

Details of the fees for the relevant service will be communicated to you in the initial proposal, invoice, payment link or Confirmation Document.

 

If fees are not paid on time, we reserve the right to halt the services until fees have been settled in accordance with these terms and conditions or the Confirmation Document (if applicable).

 

If you or your tutor(s) are unable to fulfil the regular weekly engagement, you are entitled to:

 

(i) reschedule affected lessons and/or check-in sessions;

(ii) reserve any affected lessons/check-in sessions for future rescheduling or use, within the same academic year; or

(iii) initiate a temporary engagement with another tutor provided by us to fulfil the regular weekly engagement in the same manner for a specified time period.

 

If you cancel an engagement with less than one working day’s notice or your child does not fulfil the deliverables of weekly engagement without prior notification, you will be deemed to have received such deliverables and the options in the previous clause will not be applicable. If you believe that there are extenuating circumstances, contact contact@spark-tutoring.co.uk.

 

We will endeavour to ensure such alterations to the weekly engagement are minimised by us.

 

In the case of such weekly alterations, we make it our responsibility to ensure any affected tutoring sessions and check-in sessions are delivered in line with the above terms.  

 

If you believe that there are extenuating circumstances, contact us at contact@spark-tutoring.co.uk.

 

If you wish to arrange tutoring sessions not covered within the specified engagement, separate payments will be billed automatically upon approval by us. Such payments will be charged at a calculated rate based on the specified request.

 

For all services excluding the Accelerator service, these terms outline a rolling contract for billing on a monthly basis. In accordance with the summer holiday period, generally accepted in the United Kingdom, we offer the option for billing and engagement to be paused for the calendar months of July and/or August upon request in writing to contact@spark-tutoring.co.uk. In such instances, billing and engagement will then resume on the next billing date falling within the calendar month of September.

 

Equally, in line with most client preferences, billing and engagement can continue throughout the July and August period and this will be assumed to be your option, unless you inform us that you wish for billing and engagement to be paused during July and/or August no later than 1st June.

 

All invoicing and billing queries must be directed to us at contact@spark-tutoring.co.uk.

 

Section 5 - Resolution Of Issues   

 

In the unlikely event that there is a problem with our services, please contact us as soon as possible at contact@spark-tutoring.co.uk and give us a reasonable opportunity to sort out any problems with you and reach a positive outcome. We will respond to your email within two working days. In the unlikely event that you have an issue or problem with your tutor that cannot be resolved directly with them, we will attempt to assist with resolution of the issue. Nothing in this agreement affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
 

Section 6 - Cancellation & Refund Policy

 

a.) If you are a consumer, you have the right to cancel this contract within 14 days without giving any reason. You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your business. The cancellation period will expire 14 days after the commencement of the contract.

 

b.) However, if you confirm to us that you wish us to start to provide the services within the 14 day cooling off period, then at this point our refund policy set out in paragraph (d) below will apply and if you subsequently exercise your right to cancel during the 14 day cooling-off period you will have to pay our reasonable costs of services provided within that time. You confirm you wish us to start to provide the services within the 14 day cooling off period by doing any of the following during that time: paying a deposit; or booking a tutoring session or check-in session with a tutor for which the allocated date and time will then, also as a service, be reserved for you to the exclusion of all others; or taking part in the initial onboarding and assessment process; or accessing or downloading any resources we make available to you.

 

c.) If you cancel this contract in accordance with the cooling off period in paragraph (b), we shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. However, this will only be the case if you have not confirmed to us you wish us to provide the services as specified in paragraph (b).

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d.) Our refund policy is as follows:

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i.) if you are a consumer, you have the right to a refund during the ‘cooling off’ period, as described in paragraph (b);

 

ii.) subject to (i) above you understand and agree that, once the first package/payment or any deposit for tutoring has been paid for, such payment is non-refundable. This includes the first monthly payment which includes an amount in respect of the initial setup, onboarding and assessment processes.

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e.) Our 100% Satisfaction Guarantee (for the Spark Accelerator program) is commitment dependent and conditions apply, as detailed below:

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Within the first two weeks from the date of commencement, you must do all of the following;

(i) ensure your child attends all Induction Sessions at the scheduled times;
(ii) ensure your child attends all Tutoring Sessions at the scheduled times;
(iii) ensure your child attends all Weekly Check-in Sessions at the scheduled times;
(iv) ensure your child attends all Community Drop-In Sessions at the scheduled times;
(v) ensure your child completes all Weekly Task Board items set by us or any of our tutors; and

(vi) allow minimum 24 hours of notice for rearrangements to any organised sessions.

If any one or more of these conditions are not met then the money back guarantee will not be applicable and no claim against it may be made by you.

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Section 7 - Termination 

 

a.) For all services excluding the Accelerator service, engagement will be provided on an on-going basis, until terminated by either party giving no less than 28 days’ written notice before the next billing date. Engagement can also be paused by giving us no less than 28 days’ written notice before the next billing date

 

b.) Either you or we may terminate the services and this contract immediately if the other party commits any material breach of these terms and conditions and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. For the purposes of this clause (but without limitation), any inappropriate behaviour by a student or any disparaging comments about us made or endorsed by you or your child on any social media channel constitute a material breach of this agreement which is not capable of being resolved.

 

c.) If we decide in our absolute discretion that we are not a good fit for each other, we may terminate this agreement immediately on notice, in which case we shall give you a partial refund for any elements of the services which you have paid for in advance and which you have not received.

 

d.) If this agreement is ended it will not affect our right to receive any fees which you owe to us under this agreement, and it will not operate to affect any provisions that expressly or by implication survive termination.

 

Section 8 - Intellectual Property

 

If we provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to us and unless we agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.

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Section 9 – Responsibility

 

a.) Responsibility for adherence to examination board requirements and regulations (for example, but not limited to, AQA, OCR, Edexcel and Eduqas) and any other regulatory body requirements and regulations applicable to students rests solely with you and your child and therefore neither we nor any tutor provided by us will have any responsibility or liability for such non-adherence.

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b.) Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

 

i) losses that were not foreseeable to you and us when the contract was formed; or were not caused by any breach of these terms on our part; or

 

ii) business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.

 

c.) Our total liability to you is limited to the amount of fees, if any, paid by you for the affected the services.

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Section 10 - Spark Tutoring Portal - Additional Terms Of Use

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a) While we try to make sure that the Site is available for your and/or your child’s use, we do not promise that the Spark Tutoring Portal will be available at all times or that use of the Spark Tutoring Portal will be uninterrupted.

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b) We try to make the Spark Tutoring Portal as accessible as possible. If you have any difficulties using the Spark Tutoring Portal, please contact us.

c) As a condition of your and/or your child’s use of the Spark Tutoring Portal, neither you nor your child will:

i) misuse or attack our Spark Tutoring Portal by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack);

ii) attempt to gain unauthorised access to our Spark Tutoring Portal, the server on which our Spark Tutoring Portal is stored or any server, computer or database connected to our Spark Tutoring Portal; or

iii) post any inappropriate or offensive content in any bulletin, chat-room or other means of communication provided as part of the Spark Tutoring Tool; or

iv) use the Spark Tutoring Portal:

1) for any purpose that is unlawful under any applicable law or prohibited by these terms and conditions;
2) to commit any act of fraud;
3) to distribute viruses or malware or other similar harmful software code;
4) for purposes of promoting unsolicited advertising or sending spam;
5) to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
6) in any manner that disrupts the operation of our Spark Tutoring Portal or business or the website or business of any other entity;
7) in any manner that harms minors;
8) to promote any unlawful activity;
9) to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
10) to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
11) to attempt to circumvent password or user authentication methods.

d) We may prevent or suspend your access to the Spark Tutoring Portal if you do not comply with these terms and conditions or any applicable law.

e) You are responsible for making sure that your password and any other account details are kept secure and confidential.

f) If we have reason to believe there is likely to be a breach of security or misuse of the Spark Tutoring Portal through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.

 

Section 11 - Governing Law & Jurisdiction

 

These terms and conditions and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England. Any dispute, controversy, proceedings or claim between you and us relating to these terms and conditions or the relationship between you and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.