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These Terms of Use (“Terms”) govern your use of the MS Tutors website (“Site”), located at www.mstutors.co.za, any mobile applications, and services provided by MS Tutors PTY Ltd (“MS Tutors”). Please read these Terms before using or continuing to use the Site. Do not agree to the Terms unless you both fully understand and accept each provision. By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these Terms. By doing so you hereby enter into the following Agreement:

 

The Site is located within the Republic of South Africa.

 

  • INTRODUCTION

 

MS Tutors offers a service to introduce Tutors and Tutees to each other for Tutors to provide Lessons to Tutees. By entering into this Agreement, the Client appoints MS Tutors to provide the Services to the Client on the terms and conditions set out in this Agreement. All Tutors are not employed by MS Tutors; they are independent contractors to MS Tutors.

In this Agreement, the following definitions apply:

  1. Agreement” means this agreement and any annexures or schedules to this Agreement, including MS Tutors’ privacy policy;
  2. Tutee” means the person receiving the Tutoring Services from the Tutor.
  3. Client” means a Tutee who is 18 (eighteen) years old or older or, in the case of a Tutee who is under the age of 18 (eighteen) years old, a Parent of the tutee or any legal entity or other adult, who enters into this Agreement to use the Services;
  4. Fees” mean the amounts payable by the Client for the agreed Lessons;
  5. Lesson Bundle” means a number of Lessons purchased by the Client as a package;
  6. Lesson Schedule” means the register signed by the Client acknowledging that the Lesson has occurred;
  7. Lessons” means each session in the Lesson Bundle that a Tutee receives from a Tutor;
  8. Parent” means the person acting on behalf of the Tutee, such as a parent or guardian or carer or other party of the Tutee where the Tutee is under the age of 18 (eighteen) who is responsible for such Tutee and is legally authorised to act on the Tutee’s behalf;
  9. Services” means the services as further described in clause 2 below;
  10. EFT-Electronic Fund Transfer ” means the payment will be the electronic transfer of funds to the banking details in the Invoice and or Quote; and
  11. MS Tutors PTY Ltd” means:  MS Tutors PTY Ltd (registration number 2017/347989/07), a private company incorporated under the company laws of the Republic of South Africa, with its registered address situated at 9 Robben Road, Groeneweide Boksburg; info@mstutors.co.za; and
  12. Tutor” means the tutor that will provide the Lessons to Tutees.

 

  • SERVICES

 

MS Tutors shall provide the following Services:

      1. procurement of thoroughly vetted Tutors and suggesting a suitable Tutor to the Client for the Tutees’ tutoring needs;
      2. the sale of Tutoring Bundles on behalf of Tutors;
      3. introducing Tutors to Clients for Tutors to provide the Lessons;
      4. co-ordinating Lesson scheduling;
      5. administrating and facilitating regular progress feedback reports by Tutors;
      6. replacing Tutors for future Lessons if required;
      7. collecting the Fees from Clients; and
      8. attending to any other reasonable administrative services for purposes of the Tutor providing the Lessons to the Tutee.

 

 

  • FEES AND PAYMENT

 

  1. The Client agrees to pay the Fees for the Lessons that will be provided in terms of the Lesson Bundle purchased. MS Tutors collects payment on behalf of the Tutors and will provide the Client with the details setting out the number of Lessons that have been scheduled with a Tutor and the relevant cost.
  2. All Fees are due and payable as agreed between the parties, but at all times subject to a fee becoming due and payable immediately once a Lesson has been completed.
  3. All Fees must be paid to MS Tutors only who receives payment on behalf of Tutors. MS Tutors will advise the Client on the relevant payment details and payment methods available, which may include:
  4. electronic funds transfer (EFT), provided that the Client makes payment of the Fees upfront; and
  5. any other payment method made available by MS Tutors including but not limited to E-wallet, Cashsend & Send-iMali.
  6. The Fees may change from time to time on 30 (thirty) days’ notice. Fee changes will not affect or change Lesson Bundles already paid for or agreements on Lesson Bundles already entered into.
  7. If you pay the Fees through a third party payment gateway, you will be required to agree to the terms and conditions stipulated by any such third party and agree to pay any fees that may be charged by the third party.
  8. Under no circumstances will MS Tutors be responsible for any fees incurred by you to any third parties.
  9. If you cancel a payment by giving instruction to your bank to return your funds, and they do so, or the billing details provided are no longer valid, you will be liable to us and/or a third party payment provider for any penalty which we or the third party payment provider incur to that bank or other payment processor.
  10. The Client acknowledges MS Tutors’ role to accept payment of fees for Lessons on behalf of the Tutor and agrees that all Fees will therefore be paid directly to MS Tutors. The Client agrees to not under any circumstances pay Tutors directly. Any payments of Fees made to Tutors will not negate the Client’s obligation to pay the Fees to MS Tutors and MS Tutors will not be required to recoup any Fees paid to Tutors.
  11. Should the Client fail to make payment prior to commencement of a scheduled Lesson, MS Tutors reserves the right to suspend the Lessons until such payment is received. Once payment has been received by MS Tutors, the suspended Lessons may be rescheduled, subject to the Tutor’s availability.
  12. The Client may cancel any Lesson Bundle purchased from MS Tutors within 14 (fourteen) calendar days of purchasing the Lesson Bundle, calculated from the date of payment of the Fees, unless the Client has already started to receive the Lessons. Once the Client has started to receive the Lessons, the Client’s cooling off right expires.
  13. In the event of the client cancelling any unused Lessons in a Lesson Bundle, MS Tutors will provide a pro-rata refund for the unused Lessons.
  14. Where this Agreement or a Lesson Bundle is cancelled, the Client may be charged a reasonable cancellation fee in terms of applicable law. The cancellation fee will be determined by taking into account the circumstances of and reasons for cancellation, the number of Lessons remaining in the Lesson Bundle purchased, the time remaining before the next scheduled Lesson and the ability of MS Tutors to find an alternative tutee to assign the Tutee’s Tutor to, but will at a minimum be the equivalent of the price of 1 (one) Lesson.
  15. In the event of a refund being provided, MS Tutors will credit the Client with the Fees being refunded within 30 (thirty) calendar days of agreeing to the refund by making payment to the Client’s bank account as nominated in writing.
  16. MS Tutors will make all documentation relating to transactions that have been concluded available via email.

 

 

  • LESSON BUNDLES AND LESSONS

 

  1. The Lesson type (e.g. single Tutee or group of Tutees) and Lesson duration (e.g. 2 hours) of a Lesson Bundle purchased are fixed and cannot be modified without the express approval of MS Tutors, which approval may be withheld if Tutors cannot be sourced for Lesson variations. This is due to Lesson pricing being determined according to Lesson description parameters across the full Lesson Bundle. The Fees may change due to changes to the Lesson description and MS Tutors will provide the Client with an updated invoice in such cases. The Client will be required to accept and pay the updated Fees in accordance with this Agreement in order to secure the updated Lesson description and schedule Lessons.

 

  1. Tutors are obliged to arrive at Lessons 15 minutes before scheduled time. However, where the Tutor is late, the Tutor will inform the Client and MS Tutors as soon as possible and provide an estimated time of arrival and the actual time of arrival. The Client will be credited with the time that the Tutor was actually late, in increments of 10 (ten minutes), which will be redeemable at the Client’s election or at the end of the Lesson, taking into account the Tutor’s schedule and availability. MS Tutors will provide an official record to the Client and Tutor reflecting the time that is due to the Client.

 

  1. If a tutor or MS Tutors needs to cancel a session, a full refund will be issued to the Client.

 

  1. The Client must confirm the occurrence of Lessons by signing the Lesson Schedule provided by the Tutor at the end of each Lesson. The Client acknowledges and accepts that its signature on the Lesson Schedule will be sufficient proof of the occurrence of each Lesson and that a Lesson Schedule may not be disputed after 30 (thirty) calendar days from the date of each Lesson.

 

 

  1. Should the Client need to purchase additional Lessons at certain times, during exam periods for example, the Client and MS Tutors will negotiate the Lessons, the applicable Fees and will schedule the Lessons accordingly, taking the Tutor’s schedule into account. The Client will be liable for payment of the additional Fees as agreed with MS Tutors but may be required to make payment for the additional Lessons upfront via EFT. EFT payment for the additional Lessons is required where payment of the Fees for the usual Lessons is done via recurring billing. The Client acknowledges that the scheduling of the additional Lessons is dependent on the Tutor and that the Client may be required to receive the Lessons from a different Tutor

 

 

  • CANCELLATION POLICY

 

Client may always cancel a session more than 24 (twenty-four) hours in advance of the designated start time. Cancellations made more than twenty-four hours in advance will incur no penalty, and will result in a full refund from MS Tutors to the Client. Cancellations made less than 24 hours in advance of the designated start time will be considered “late cancellations.” In the event of a late cancellation, MS Tutors will issue half price of one session. 

 

  • LATE ARRIVAL AND NO-SHOW POLICY

 

There will be no rescheduling or discount allotted for a client’s late arrival. If a Client shows up to the session late but within 15 (fifteen) minutes of the designated start time, the session will be held for the remainder of the time reserved. A Client is considered a “no-show” if he/she fails to show up to the session within 15 minutes of the designated start time. If the Client is over 15 minutes late, the session will be cancelled. In the event of such cancellation of the Lesson the Client will not be issued any refund for the Lesson.

 

  • NON-SOLICITATION

 

Client agrees that he/she will not solicit any tutors of MS Tutors to work for his/her own or any other personal or business ventures. Client agrees that during the period of contract and for a period of 1 (one) year immediately after termination of this agreement with MS Tutors, Client will not, either directly or indirectly for himself/herself or for any other person, family or business, call upon, solicit, divert, or take away, or attempt to solicit, divert or take away any of the tutors, business, or partners of MS Tutors with whom Client has become acquainted during or after Client’s contract with MS Tutors.

 

  • LIMITATION OF LIABILITY AND INDEMNITY

 

In no event will MS Tutors be liable for any direct or indirect damages arising out of access to or use of its tutoring services beyond its service fee received from clients.  As a condition of use of this service, a Client agrees to indemnify MS Tutors from and against any and all liabilities, expenses (including legal fees) and damages arising out of or related to the carrying out of the tutoring by a Tutor introduced by MS Tutors.

 

  • REFUND POLICY

 

MS Tutors reserves the right to refuse a refund for any completed tutoring session. In the case where the tutoring bundle is partially completed, the balance can be refunded less administration fee on a case-by-case scenario. However, the hourly rate for the completed tutoring sessions will be charged at full price with no discount.

 

  • NO WARRANTIES 

 

MS Tutors makes no promises or warranties with regards to a tutee’s performance as a result of any tutoring provided.

 

  • MODIFICATION 

 

This Agreement may not be modified except by amendment reduced to writing and signed by both MS Tutors and Client. No waiver of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach thereof.

 

  • DISPUTES

 

In the event of a dispute between the Client and a Tutor regarding their working relationship or the Lessons conducted, the Client authorises MS Tutors to assist in investigating and mediating such dispute with the Tutor on its behalf. Any dispute which arises out of or pursuant to this Agreement between the Client and MS Tutors (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction) shall be submitted to and decided by arbitration in accordance with the arbitration rules and legislation for the time being in force in the Republic of South Africa.

That arbitration shall be held: with only the parties and their representatives present;

at Johannesburg.

The parties shall use their best endeavours to procure the expeditious completion of the arbitration.

The provisions of this clause are severable from the rest of this Agreement and shall remain in effect even if this Agreement is terminated for any reason.

 

  • DISCLAIMER

 

MS Tutors endeavours to render an excellent service, in collaboration with the Tutors it represents. However, MS Tutors does not make any guarantees regarding the level of academic improvement the Tutee will achieve. Ultimately, it is the Tutee’s responsibility to invest the time and effort needed to achieve academic goals.

GENERAL

Changes to the Services. MS Tutors shall inform Clients of any material changes to the Services by manner of email or prominent notice on its Sites. Continued use of the Services after this notice has been displayed shall be deemed as your acceptance of the changes to the Services.

Intellectual Property. The Client acknowledges and agrees that all right, title and interest in, and to, any of MS Tutors’ intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on MS Tutors’ Sites or the Services including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers, methods of lesson conduct and software) is proprietary to MS Tutors or the respective owner(s)’ property and will remain our or the owner’s property at all times. The Client agrees that it will not acquire any rights of any nature in respect of that intellectual property by using the Services.

Personal information. MS Tutors takes the right to privacy seriously and is committed to taking steps to protect the Client’s, Tutee’s and Tutor’s privacy when using the Services and implements business practices that comply with applicable laws, including the Protection of Personal Information Act 4 of 2013 (“POPI”). All personal information of Clients and Tutors will be processed in accordance with MS Tutors’ privacy policy and in compliance with applicable laws. The privacy policy can be found on MS Tutors’ Sites.

Entire agreement. This Agreement constitutes the whole agreement between the parties relating to the subject matter of this Agreement and supersedes any other discussions, agreements and/or understandings regarding the subject matter of this Agreement.

Confidentiality. Neither party shall disclose any confidential information to any third party without the prior written approval of the other party, unless required by law.

Law and jurisdiction. This Agreement and all obligations connected to it or arising from it shall be governed and interpreted in terms of the laws of the Republic South Africa. Each party submits to the jurisdiction of the South African courts.

Good faith. The parties shall in their dealings with each other display good faith.

No waiver. The failure of MS Tutors to insist upon or enforce strict performance by the Client of any provision of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment of MS Tutors’ right to enforce any such provision or right in any other instance.

No assignment. The Client will not be entitled to cede its rights or delegate its obligations in terms of this Agreement without the express prior written consent of MS Tutors.

Relationship between the parties. The parties agree that neither party is a partner or agent of the other party and neither party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

No representation. To the extent permissible by law, no party shall be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

Severability. Any provision in this Agreement which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement.

No stipulation. No part of this Agreement shall constitute a stipulation in favour of any person who is not a party to this Agreement unless the provision in question expressly provides that it does constitute such a stipulation.

NOTICES

MS Tutors selects the address and email address indicated on each invoice and in clause 1.11 above, as updated from time to time, as its physical and email address for the service of all formal notices and legal processes in connection with this Agreement.

The Client hereby selects the physical and email address indicated on each invoice as its physical and email address for service of all formal notices and legal processes in connection with this Agreement. The Client may change these details by providing MS Tutors with 7 (seven) days’ notice in writing.

Service via email shall be accepted in all cases where notice is required. Service via email is deemed to be received at the time and date of sending, subject to the terms of this Agreement that may regulate alternative specific notice requirements in some instances.