The Upgrade Project Terms and Conditions
Upon booking and paying for services, you agree to these Terms and Conditions.
These Terms & Conditions apply to all services and products delivered and provided by Sumantha McMahon trading as The Upgrade Project.
Tutor/Trainer - Sumantha McMahon/The Upgrade Project or any other members of staff, including tutors, working for/with her.
You/Your - the client, persons responsible for payment of products and services and/or guardianship of the pupil.
Services and Products - 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.
All private tuition or business training bookings and arrangements must be confirmed by You and the Tutor/Trainer in writing - preferably by email.
Telephone written messages will be regarded as formal confirmation.
All bookings and enrolments are confirmed once payment has been received and completed.
All payments must be settled prior to the service date and time.
When You book directly with Sumantha McMahon and not through this website, you will receive an invoice or payment at agreed intervals with various payment options including debit and credit card, unless alternate arrangements have been made.
Upon completed payment, You will receive confirmation of payment.
Payments made for courses and resources purchased directly from www.theupgradeproject.co.uk or another service like Calendly, will be paid in full at the time of purchase.
Suspension of Services
This agreement may be ended by written notice at any time by You or the Tutor/Trainer.
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.
If a private tuition lesson with Sumantha McMahon or a tutor working on her behalf is cancelled by you, please provide at least 24 hours notice. Failure to do so will result in the lesson payment being owed.
Flexibility will be exercised wherever possible and within reason. If last-minute cancellations, with less than 24 hours notice occurs, 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, service or resource paid via www.theupgradeproject.co.uk, all monies paid are non-refundable and non-transferable unless the Tutor cancels the service.
For services outside of Private Tuition, please refer to the cancellation policy given.
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 guarantee extending the time of the tutoring session.
If your or your tutor is late due to technical problems, every effort will be made to make up for lost time.
Online Session Rules
To ensure safeguarding measures are in place, the Tutor and pupil agree to the following:
- Webcams must be on at all times for the duration of the lesson
- Virtual backgrounds must not be used
- Only the pupil who has paid for the lesson may attend
In the case of an emergency, the contact details You have supplied will be used. Please ensure that you inform Sumantha of any changes.
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.
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.
Marketing & Your Data
- From time to time, snippets of lessons may be recorded for marketing purposes. On all occasions, student faces and identities will be concealed.
- Testimonials from you will be used for marketing. In all cases, student identities will be concealed however just first name’s may be used. If you object to this, please let Sumantha know in writing.
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 these terms if you are in any doubt.