Client Terms and Conditions
Please read these conditions carefully.
Upon paying for and/or signing up for any course, product or service through this website, you signify your agreement to be bound by these Terms and Conditions.
These Terms & Conditions apply to all services and products delivered and provided by Sumantha McMahon trading as The Upgrade Project, including any services or products delivered by representatives.
Definitions
Tutor/Trainer/Our/Sumantha - Sumantha McMahon/The Upgrade Project or any other members of staff, including tutors, working for/with her.
You/Your/Client - the client, persons responsible for payment of products and services and/or guardianship of the pupil.
Pupil - the person to whom the lesson is being delivered to, or the person using the products purchased.
Service/s and Product/s - any services or products delivered by Sumantha McMahon or representative of The Upgrade Project, including but not limited to, tuition lessons, tuition services, business training and courses/resources hosted on www.theupgradeproject.co.uk
Platform - any services and products delivered or administered through www.theupgradeproject.co.uk or any other applications and software used for tuition and related services and products.
Bookings
All bookings and arrangements must be confirmed by You and the Tutor/Trainer in writing - preferably by email.
Telephone calls and written messages sent by any electronic device will be regarded as formal correspondence, but email is preferred.
Bookings and enrolments are only confirmed once payment has been received and completed.
Payments
- All payments must be settled prior to the Service date and time.
- Upon completed payment, You will receive confirmation of payment.
- Payments made for Services or Products, purchased directly from www.theupgradeproject.co.uk or through another Platform, will be paid in full at the time of purchase.
Cancellations
- If a private tuition lesson with Sumantha McMahon or a tutor working on her behalf is cancelled by you, please provide at least 48 hours notice. Failure to do so will result in the lesson payment being owed.
- For repeated cancellations, even with 48 hours notice, Sumantha reserves the right to change the notice period, number of cancellations allowed and/or change your working arrangement.
- Flexibility will be exercised wherever possible and within reason. If cancellations with less than 48 hours notice occur, it will be at Sumantha’s discretion whether to waive the lesson payment or not.
- If Sumantha or any tutors working on behalf of Sumantha cancels a lesson, a full refund of any monies paid for the cancelled lesson will be issued if the cancelled lesson cannot be rescheduled.
- For classes, services or resources paid via www.theupgradeproject.co.uk, all monies paid are non-refundable and non-transferable unless the Tutor cancels the service.
No refunds or monies paid will be refunded or transferred if You decide that the Services or Products are not suitable for your needs. It is Your responsibility to carry out due diligence before paying for Services or Products.
- For services outside of Private Tuition, please refer to the cancellation policy provided.
Your Obligations
- You agree to comply fully with these Terms and Conditions.
- You are responsible for the prompt attendance of the Pupil at the tutoring sessions. If the Pupil is late, Sumantha or any tutors working on her behalf, cannot extend the time of the tutoring session.
- If your Tutor is late to a tuition lesson, every effort will be made to make up for the lost time. If this is not possible, you will be refunded an adjusted amount according to the lost time. You will only pay for the duration of the lesson that was delivered.
Online Lesson Rules
- Webcams must be on at all times for the duration of the lesson. If your webcam is faulty during a lesson and the Pupil cannot be seen, the Tutor reserves the right to terminate the lesson. No monies will be refunded.
- Virtual backgrounds must not be used
- Only the pupil who has paid for the lesson may attend
To ensure safeguarding measures are in place, the Tutor and Pupil agree to the following:
In the case of an emergency, the contact details You have supplied will be used. Please ensure that you inform Sumantha of any changes via email.
Liability
- Any complaints or issues will be dealt with to the best of Sumantha's ability, with the aim of finding a resolution that all parties are happy with.
- Sumantha McMahon trading as The Upgrade Project accepts no liability for any claims by the Client arising out of or related to tutoring by a Tutor introduced or recommended by Sumantha McMahon.
- Sumantha nor any Tutor guarantees results or progress. Any indications communicated to you will be estimated.
- Sumantha McMahon is not liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect).
- If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.
- We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control. This includes responsibility for third party software and applications.
Platform Use (Thinkific)
Platform accounts through www.theupgradeproject.co.uk may only be used by the individuals named on the account and those names must be real and accurate.
Sumantha McMahon will endeavour to maintain the availability of the platform to You but does not guarantee 100% availability. For instance, if the supplier, Thinkific Labs Inc. face technical issues or the internet connection is faulty.
All users of the platform must:
(a) be appropriate with generally accepted standards of etiquette and behaviour in the tutoring and teaching industries
(b) be courteous and polite to others
(c) avoid contacting and/or sending excessive messages
(d) not be offensive, insulting, deceptive, hostile, threatening, abusive, discriminatory or inflammatory
(e) not engage in activities that are unlawful, fraudulent, harmful or in connection with any such activity
(f) to conduct any systematic or automated data collection activity, via or in relation to the platform
(g) to conduct (or request that any other person or entity conduct) any load testing or penetration testing
(h) in any way (or promote the Platform in any way) which is liable to result in the blacklisting of any IP addresses or domains being used by the platform
For the avoidance of doubt, anyone other than Sumantha McMahon has no right to access the software code (including object code, intermediate code and source code) of the Platform, either before, during or after the Agreement.
Platform Account Closure (Thinkific)
Your Platform Account may be closed if you:
(a) fail to reply to messages;
(b) fail to attend arranged Lessons;
(c) refuse to make Lesson Payments when requested;
(d) repeatedly cause billing disputes;
(e) send an excessive number of messages;
(f) do not log in to your Account for more than 4 weeks;
(h) breach the Agreement.
Suspension Of Services Or Products
This agreement may be ended by written notice at any time by You or the Tutor.
Situations that may lead to the suspension of services with immediate effect:
- Payment has not been received prior to the arranged lesson/s
- Gross misconduct e.g. threatening behaviour from Pupil or anyone associated with the Pupil. If this occurs during a lesson, no refund of monies paid will be issued.
- There are excessive cancellations or rearrangement of services (this will be at Sumantha’s discretion)
- Any breach of these Terms and Conditions
- Force majeure
- Note, if breaks are taken for any reason, it will be at Sumantha’s discretion whether your lesson slot can be reserved.
Marketing & Your Data
- From time to time, snippets of lessons may be recorded for marketing purposes. On all occasions, student faces will be concealed.
- Testimonials from you will be used for marketing. In all cases, student identities will be concealed however first name’s may be used. If you object to this, please let Sumantha know in writing.
- Please refer to the Privacy Policy to find out how your data is stored and used
The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
Sumantha McMahon reserves the right to amend these Terms and Conditions at any time. Every effort will be made to notify you of changes but you are encouraged to check this Agreement if you are in any doubt.
