Service Terms & Conditions

Terms and conditions (services)

Full Terms & Conditions of Service of Gravesend Tutorial Service

Application of the Conditions

  • The conditions below (conditions) set out the full terms on which Gravesend Tutorial Service (GTS) agrees to provide a parent (the client) (together the Parties) with services for tutorial work (services) on dates to be agreed between the Parties (bookings), as shown on the Tutorial Booking Form, part of these Conditions. Unless expressly agreed in writing, the Conditions shall apply to each transaction for services (contract) to the exclusion of any other terms.
  • No variation to these Conditions shall be valid unless it is in writing and signed by or on behalf of each of the Parties.
  • Variation to these Conditions shall be valid when signed, as shown on the Booking Form and on the Terms and Conditions of Booking Acceptance.

 Orders

  • No order submitted by a Client shall be binding on the until accepted by GTS in writing.
  • Any order accepted by GTS which is subsequently cancelled or varied by the Client shall be subject to the cancellation charges set out in Condition 3.5.

Price, Payment and Cancellation

  • The price for services (the Price) is the The tutor’s quoted price and is exclusive of any applicable VAT. Quotations will be valid for 30 days from the date of issue.
  • Unless GTS agrees otherwise, the Client will pay the Price in advance of services. Payment may be made by BACS transfer, bank check or online/telephone processing of credit or debit card. Credit card payments may incur additional processing fee.
  • If the Client requests any change to services, GTS may adjust the Price and invoice the Client accordingly.
  • If any credit is granted by GTS and the Client fails to make any payment when it is due then, without affecting any of GTS’s other rights or remedies (under these Conditions or otherwise), GTS is entitled to: cancel the Contract or suspend the performance of services; charge the Client interest at 8% a year above Barclays Bank’s base rate at the time on all unpaid amounts; withdraw all credit facilities extended to the Client and require immediate payment of all outstanding invoices whether or not these are due for payment; and/or cancel and withdraw any trade or other discount allowed on the Price.
  • If, subject to Condition 2.2, a Contract is cancelled by the Client, the Client shall pay GTS the following cancellation charges:
  • For a client who pays on a session by session basis a cancellation charge equal to the whole agreed fee for the session will be charged if less than 24 hours notice is given of the cancellation.  
  • For a client who has booked a block of sessions a cancellation charge equal to the whole agreed fee (for that session) will be charged if less than 24 hours notice is given of the cancellation.
  • The service may at its discretion waive the cancellation fee under 3.5.1 or 3.5.2.

Information from the client

  • The Client must supply sufficient information to GTS to enable GTS to perform services. The minimal information required is the one on the Tutorial Booking Form. The Client must supply all information to the address notified to it by GTS not later than the Thursday of the week before services commence.
  • Additional Costs
  • The Client must, on request, pay any additional costs to GTS in supplying services caused by: any breach, default, delay or variation by the Client of its obligations under the Contract or these Conditions; any factor beyond GTS’s reasonable control; any change in the dates of the supply of services which the Client requires; or any delay caused by the Client’s instructions or the Client’s failure to give GTS adequate information or instructions when the order has been accepted the quotation or at any other time.

6 Warranties

  • The Client warrants to GTS that it is entering into the Contract as principal and not as agent on behalf of any person, firm or company.
  • GTS warrants that it will use its reasonable endeavors to deliver services as specified.
  • The GTS will use its reasonable endeavors to carry out services during the agreed dates.
  • The GTS warrants that it will use reasonable skill and care to select Personnel to deliver tutorials. All other warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
  • Where any valid warranty claim is made in respect of any Services, GTS can choose either to re-perform services to the extent necessary to make good any defect free of charge or to grant credit to or refund to the Client the Price (or a proportionate part of the Price) at the service’s absolute discretion, but GTS will have no further liability to the Client under the warranty. If GTS chooses to re-perform services, the Client will provide additional dates for this purpose.

Limitation of liability

  • Except as provided in Condition 7.4, GTS is not liable to the Client because of any representation (unless fraudulent), or any warranty (express or implied), condition or other term, or any duty at common law, or under the express terms of the Contract, for:
  • any fraudulent or dishonest act caused by its employees or sub-contractors;
  • any loss of profit, business, contracts, opportunity, goodwill, revenues, anticipated savings, expenses, costs or similar loss; and/or
  • any indirect, special or consequential loss or damage (whether for loss of profit or otherwise) whether caused by the negligence, breach of contract, tort, breach of statutory duty of GTS, its employees or agents or otherwise arising out of or in connection with the Contract.
  • Except as provided in Condition 7.4, any other liability of GTS to the Client in contract, tort, breach of statutory duty or otherwise arising out of or in connection with the Contract or any series of Contracts, is limited to the Price paid to GTS in respect of the Contract or series of Contracts in question.
  • The GTS will have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any tutorials if instructions or information supplied by or on behalf of the Client which are incomplete, incorrect inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client not attributable to GTS.
  • Nothing in these Conditions will operate or be construed to operate so as to exclude or restrict the liability of GTS for death or personal injury caused by the negligence of GTS, nor for fraud or fraudulent misrepresentation or any other liability with cannot lawfully be excluded or limited.
  • GTS has no liability under the warranties given in Condition 6 unless the Price for services has been received by GTS in full.

Exclusivity

  • The Client grants the GTS exclusivity to perform services using Personnel and it is a condition of entering into any Contract that the Client will not attempt to contract, or will actually contract, with any Personnel to provide services directly.

Complaints Procedure

  • Any complaint in respect of services must be made in writing providing the name and full address (including 6 digit post code) of any alleged non-delivery and must be received by GTS within seven days of the end of the relevant delivery period giving full details of the complaint alleged. If the complaint is not received within that period GTS will not be able to undertake the appropriate action to investigate and remedy the complaint and GTS will not be liable to the Client for the complaint or any claim, loss, cost, liability, expense or demand arising therefore.

Force Majeure

  • GTS shall not be liable to the Client for any failure or delay in performance of its obligations under any Contract which is beyond its reasonable control including any difficulty obtaining suitable Personnel or difficulty procuring performance by Personnel of obligations they have undertaken. GTS will inform the Client as soon as reasonably possible of any such occurrence.

Termination of a Contract

  • GTS may end any Contract with immediate effect if:
  • the Client fails to pay any amount when due under Condition 3; or
  • the Client commits any material breach of these Conditions and fails to remedy that breach (if capable of remedy) within 7 days of written notice from GTS specifying the breach and requiring the same to be remedied; or
  • the Client is an individual and he dies; has a receiving order made against him, or commits an act of bankruptcy or makes any arrangement with his creditors; or
  • if the Client otherwise calls a meeting of its creditors; goes into liquidation; has a receiver or administrator appointed over any of its assets; makes any arrangement with its creditors; ceases or threatens to cease to carry on its business or is unable to pay its debts or becomes insolvent (within the meaning of the Insolvency Act 1986) or GTS has reasonable grounds for suspecting that the Client is about to undergo any of the above events.
  • If GTS ends any Contract in accordance with Condition 11.1, any Price or part of the Price in respect of Services already performed which was not paid in advance will immediately become due and payable.

General

  • All notices and other communications to be given by either Party under a Contract shall be delivered personally, sent by prepaid first class post, or by fax to such address or fax number as has been notified in writing from time to time by one Party to the other. Notices shall be deemed to have been received if sent personally or by fax, at the time of delivery or transmission and if sent by prepaid first class post two working days from the date of posting.
  • A person who is not a party to a Contract shall not have any rights under or in connection with it.
  • Any waiver by GTS of any breach of these Conditions or a Contract by the Client will not be treated as waiving any subsequent breach of the same or any other provision. A failure to exercise, or any delay in exercising any right or remedy provided under these Conditions or a Contract or by law shall not constitute a waiver of that (or any other) right or remedy, nor shall it preclude or restrict any further exercise if that (or any other) right or remedy.
  • These Conditions and the documents referred to in them, set out the entire agreement between the Parties and supersedes any previous agreements between the Parties relating to the subject matter of these Conditions. The Client acknowledges that in entering into a Contract subject to these Conditions, it has not relied on any representation, warranty, agreement or statement not set out in these Conditions and that (in the absence of fraud) it will not have any right or remedy arising out of any such representation, warranty, agreement or statement and that its only remedy for breach of these Conditions is for breach of contract under the terms of these Conditions.
  • If any provision in these Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be unenforceable, that provision, or part provision, shall to the extent required, be deemed not to form part of these Conditions, and any other provisions in these Conditions shall remain fully in force.
  • These Conditions and any Contract made under them shall be governed by English law and the Parties agree that any dispute shall be subject to the exclusive jurisdiction of the English Courts.
  • Any waiver by the The tutor of any breach of these Conditions or a Contract by the Client will not be treated as waiving any subsequent breach of the same or any other provision. A failure to exercise, or any delay in exercising any right or remedy provided under these Conditions or a Contract or by law shall not constitute a waiver of that (or any other) right or remedy, nor shall it preclude or restrict any further exercise if that (or any other) right or remedy.
  • These Conditions and the documents referred to in them, set out the entire agreement between the Parties and supersedes any previous agreements between the Parties relating to the subject matter of these Conditions. The Client acknowledges that in entering into a Contract subject to these Conditions, it has not relied on any representation, warranty, agreement or statement not set out in these Conditions and that (in the absence of fraud) it will not have any right or remedy arising out of any such representation, warranty, agreement or statement and that its only remedy for breach of these Conditions is for breach of contract under the terms of these Conditions.
Last modified onSunday, 06 November 2016 12:39