Our Agreement

These Terms and Conditions, which is effective on the date of your signature, covers Tutoring Services provided by Smart Minds Tutoring (the “Company”) to the Student identified in the order that you are placing. We require the  signature of the Parent if the student is a minor. You (the “Client”) confirm that you meet this signature requirement.

1. SERVICES
Company shall provide tutoring to the Student for purposes of preparing Student for SAT exams or ACT exams or AP exams or High School Math or High School English or High School-to-College Search/Application services depending on which services were specified in the order. You will get an order confirmation email detailing what you have paid for / signed up for.

2. FEES

Hours will be billed for all online face to face time or time over the phone between the tutor and the the student or the tutor and the parent.

3. PAYMENT
Payment shall be made in advance of the tutoring sessions. Payment may be made in the form of electronic check (e-check or bank or bank transfer), credit card, or via Paypal (PayPal  to troy_bundy@smartminds.pro). If paid via e-check, then once the e-check clears the bank, tutoring sessions can begin. If paid by credit card, once the transaction finalizes, then tutoring sessions can begin. For credit card payments, you explicitly authorize the charging of your credit card for these tutoring services. You understand that your information will be saved to file for future transactions on yuour account. You may cancel this authorization at any time by contacting us in writing. This authorization will remain in effect until cancelled or tutoring services have been exhausted.

4. SCHEDULE AND DATES
4.1 Locations and Dates of tutoring sessions will be as follows:
◦ Location: Online via Skype or Zoom or other such acceptable secure-internet-remoting application
◦ Dates/Times:  to be arranged between the tutor and the client within several days of having made payment. Company will put tutor in contact with parent/student to work out an acceptable schedule.

4.2 All Tutoring Sessions will be in increments of 15 minutes. If a session ends early, then the total session time will be rounded to the nearest 15 minutes.

4.3 If Client needs to change a future session, then the change must be made to Tutor in writing with at least one calendar day’s notice in advance unless under emergency circumstances.

5. CANCELLATIONS, LATENESS, AND REFUNDS
5.1 Client may cancel a session with 12 hours written notice to both Company’s management and assigned tutor by both sending an email and posting a message in the corresponding slack channel. Cancellations within 12 hours of a Session may be charged at the full rate at Company’s discretion. Additionally, should client report late to a session, then tutor is under no obligation to client to extend the session due to client’s tardiness. However, if tutor is late to a session, then tutor is obligated to add the amount of time that tutor was late to the present session or a future session to make up for being late.

5.2 Refunds for all unbilled hours outside of a 48 hour written notice window will be processed at unpaid rate minus 5% of the outstanding payment amount. This provision will survive the termination of the Agreement.

5.3 If tutoring stops for more than two weeks for any reason by Client, then Client is entitled to request a refund of all untutored hours in writing for up to 90 days from the cessation of tutoring. After 90 days, Company may provide a refund at its own discretion but is not entitled to providing a refund to Client. This provision will survive the termination of the Agreement.

6. MATERIALS
Client is responsible for independently obtaining for all needed materials.

7. OBLIGATIONS OF THE CLIENT
7.1 Student agrees to provide their own materials needed for each tutoring session (E. g. paper, pencil, computer, textbooks, calculator, etc.).
7.2 Student agrees that assignments, exercises or homework form an integral part of tutoring and undertakes to complete such work in a timely fashion in order to have a productive tutoring session.
7.3 Student agrees to have access to a Windows computer with a webcam and internet access, Microsoft Office software or its equivalent, a cell phone with texting and an email account.
7.4 With respect to SAT or ACT or AP exams or Math/English tutoring, Student will provide before the start of the first tutoring session, the history of taking the exam(s) and all of the details of the scores received on the exam(s). With respect to college search services, Student will provide the names of the colleges in priority ranked order that Student is interested in attending.

8. OBLIGATIONS OF THE COMPANY
8.1 Company undertakes to do all preparation prior to lessons and to structure lessons in such a way as to optimize time to the benefit of the Student.
8.2 Company shall keep confidential all information of the Client and shall contact other parties involved in the education of the Student only if given written permission by the Client to do so.

9. NO WARRANTIES
9.1 Except as noted below Company makes no promises, warranties or guarantees with regards to a Student’s performance as a result of any tutoring provided, including but not limited to, any increase in SAT scores. Company will work very hard with the Student in an attempt to see a significant increase in score and/or meet the Client’s overall expectation of a particular score increase. The score increase will be based on a number of factors – client commitment, participation, adherence to schedule, among other factors.

10. STATUS OF THE COMPANY
The Company is retained as an Independent Contractor to provide the Services. Nothing contained in this Agreement shall be deemed to create an employer/employee or any other relationship between the parties. Each party shall be responsible for any insurance as may be required and for obligations related to income taxes.

11. TERMINATION
Either party may terminate this Agreement at any time by giving the other party seven days prior written notice.

12. GOVERNING LAW, JURISDICTION
This Agreement shall in all respects be construed in accordance with and governed by the laws of the State of Maryland in the United States of America without regard to conflict of law principles. Any such controversy, claim, suit, injury or damage shall be heard on an individual basis and shall not be consolidated in matter with any controversy, claim, suit, injury or damage of any other party.

13. ENTIRE AGREEMENT
This Agreement sets forth the entire agreement and understanding of the parties hereto concerning the subject matter hereof, and, except as otherwise specifically provided below, supersedes all prior and contemporaneous correspondence, agreements, arrangements and understandings, both oral and written, between the parties hereto concerning the subject matter hereof.

14. NON SOLICITATION
Client understands and agrees that during the time Service is being provided by Company and for one year after termination of services, Client shall not use, employ, nor otherwise refer to others, nor contract in any way for the same or similar services of or from any Company-employee. If Client breaks this part of the Agreement, Client and Company agree that damages to Client could be difficult to estimate, although great and irreparable. The client, therefore, agrees that Client will pay Tutor the sum of $2000 per Company employee for any breach of this paragraph which is just compensation to Company for Client’s actions and not a penalty.

15. MINORS
In the event Student is a legal minor, the Parent/Guardian shall enter into this tutoring contract on behalf of the Student and shall accept and agree to all the terms and conditions contained herein on behalf of the Student.

CLIENT

Student Name:     _____________________

Parent/Guardian Name if student is a minor: ___________________________________

Address: ________________________________________________________________

Phone: ____________________________

Email: ____________________________

 

__________________________________________

Signature of Student

 

__________________________________________

If Student is a minor, Signature of Parent/Guardian

 

__________________________________________

Signed Date