TERMS & CONDITIONS

Parents

Education Plan – Terms & Conditions

Terms and Conditions of Education Plan

The company agrees to act in an ethical, diligent, prompt and professional manner with regard to the Education Plan by the Customer, and installation/training of the Software Package as detailed on the front side of this contract.

1. Software Package.

1. The Company regularly provides upgrades and updates of the Software Package the effect of which may require the Customer or the Student to upgrade its equipment at the Customer’s costs in order to make efficient use of the updated or upgraded Software Package. For greater clarity, the Company will not be obligated to provide a Software Package that is compatible with any platform or delivery mechanism except that for which the Software Program is offered by the Company.
2. MATHSWIZ. The Company agrees to use all reasonable commercial efforts to support the United Kingdom Curriculum for Mathematics or Mathematics curriculum otherwise specified on the front side of this agreement. Tutorwiz Ltd retains the right to correct any curriculum deficiencies by providing telephone tutorial support.
3. ENGLISHWIZ. The Company agrees to use all reasonable commercial efforts to ensure the Software Programs support the literacy skills identified in the learning focus for the United Kingdom Curriculum. The Company retains the right to correct any curriculum deficiencies by providing email tutorial support.
4. The Company does not warrant that the use of the Software Package will be uninterrupted or error-free.

2. Conditions of Use.

The Software Package provided to the Customer is non-exclusive, non-transferable and are for the Customer’s Students’ personal use only. The Company may, but will not be obligated to, provide the parent of a Student with their own access to some or all of the Software Package from time to time at no further cost to the Customer. Customer’s right to use the Software Services is conditional upon the following. Neither the Customer nor a Student may:

1. transfer to any other person any of its rights to use the Software Package;
2. sell, rent or lease the Software Package;
3. make the Software Package available to anyone who is not a Student as set out on the front side of this Agreement.
   1. A breach of the Conditions of Use by the Customer may terminate this Agreement and all monies paid or to be paid under this Agreement will be absolutely forfeited to the Company.

3. Customer Data (any electronic information stored in the Software Package database).

1. Customer is solely responsible for the content and accuracy of the Customer Data.
2. The Company must take commercially reasonable technical and organizational measures to keep personal data secure and to protect it against accidental loss or unlawful destruction, alteration, disclosure or access; and, must deal with the information only in accordance with Customer’s instructions, provided they are reasonable and lawful.
3. The Customer acknowledges and agrees that if the Customer or the Student wishes to retain any of the data, including any reports or lesson plans, produced by the Software Package, it is their sole responsibility to do so and they may do so by printing that data, report or lesson plan.

4. Payments (Failure to Pay).

1. The Fees payable for the Software packages and tutoring services provided under the Support Agreement is payable as detailed in the Education Plan Agreement. In the event the Customer does not pay any amount owing to the Company within 30 days of being due as stipulated in this Agreement, the Customer shall be in default under this Agreement. In the event of such default, until such default has been remedied by the Customer, the Company may suspend access to the Software Package without breaching this agreement or forfeiting its right to the Minimum Fees due under this agreement. Furthermore, the Company may retain a collection agency or a legal representative for collection of the amount due under this agreement, and the Customer shall pay all collection costs incurred by the Company, including actual legal fees on an own client basis and the cost of any action commenced in a court of competent jurisdiction by Company to recover such amount.

5. Limitation of Liability.

1. The Company shall not be liable under this Agreement for any indirect, special, incidental, punitive or consequential damages or any other similar damages under any theory of liability (whether in Contract, tort, strict liability or any other theory), even if the Company has been informed of this possibility. The Customer assumes all responsibility for the selection of the software package necessary to achieve the Customer’s intended results and for the use and results of the software package. The Company’s total liability for any direct loss, cost, claim or damages of any kind related to the Agreement shall not exceed the amount of the fees paid or payable by Customer to the Company under this Agreement, cost, claim or, damages. This limitation on liability was and is an express part of the bargain between the Company and Customer and was a controlling factor in the setting of the agreement price and any fees payable to the Company. However, there is no limitation on direct loss, claim or, damages arising as a result of an infringement of the Company’s intellectual property rights, or a breach of the conditions of use set out above or in connection with a party’s indemnification obligations as are specifically set out in this Contract.

6. Entire Contract.

1. This Agreement including “the Attachments” constitutes the entire Agreement between the parties pertaining to the subject matter hereof and supersedes all prior Contracts, understandings, negotiations and discussions, whether written or oral, of the parties, and there are no representations, warranties or other Contracts between the parties in connection with the subject matter of this Contract, except as specifically set out herein.

Tutorwiz Incentives – Services and Support Agreement
The Tutorwiz Incentives provides students and families using Mathswiz and Englishwiz programs greater feedback, direction and support.

Tutorwiz Incentives Terms, Conditions and Guidelines:

1. General.

1. The Tutorwiz Incentives Services and Support Terms, Conditions and Guidelines set out herein are subject to change. Such changes will be posted on the Tutorwiz Incentives section of the Tutorwiz Ltd website and/or via email;
2. The terms and conditions set out in my Education Plan giving access to Mathswiz and Englishwiz apply to, form part of and are to be read with this Software Services and Support Agreement. Tutorwiz Ltd agrees to provide the Software Services and Support as set out herein to the students registered in the Education Plan but may suspend or terminate this Agreement at any time without notice or compensation to me if I am in default under my Agreement or this Software Services and Support Agreement.

2. Mathswiz Helpline, Parent Helpline, and Email Support Services.

1. The Mathswiz Helpline is available to students enrolled in the Mathswiz program. Students can call our trained tutors for help with any question or activity in Mathswiz. Students may also call our tutors for help in finding topics they are learning in school. In the unlikely event that you are learning in a topic in school not covered in the Mathswiz programs then our tutors will provide tutoring over the phone. Note: To improve the way we can help your child our tutors may also use share screen technology. Important: Due to privacy reasons we do not provide tutoring over webcam.
2. Parents are encouraged to call the Parent Helpline to discuss their child(ren)’s progress.
3. The Mathswiz Helpline and Parent Helpline are available on the days and times specified on the front side of this form.
4. The Mathswiz Helpline and Parent Helpline are not available on Public Holidays, and the times and the availability of the helplines are subject to change from time to time.
5. For the email support service, please allow up to 48 hrs for our tutors to respond. If for any reason you are still waiting on a reply from our tutors please a) Check your junk mail. b) Call our Tutor Support Helpline on 0800 088 5414 to confirm that we have received your email and/or responded to your email.

3. Uploaded Weekly Lesson Plans and Reports.

1. You will receive a weekly email summary of the previous week’s activities, and personalised lesson plan for the upcoming week for each student. If for any reason you do not receive an email please a) Check your junk mail. b) Call our Parent Helpline on 0800 088 5414. Please note: a weekly summary and the upcoming lesson plan can also be found when logging into the student account.
2. For Maths, the weekly lesson plan is set to approximately 1.5 hrs per week. For English, the weekly Lesson plan is set to approximately 1 hr per week. If you have any questions regarding your child’s Weekly Lesson Plan please call the Parent Helpline to discuss this with our tutor team.
3. It is recommended that students also complete lessons being taught in school and regularly practice the Wiz Games found in the Games section.

4. Incentives Program.

1. Children are able to earn points when using Mathswiz and Englishwiz. When completing a lesson or test children can earn bonus points by correctly answering questions i.e. bonus points are not awarded for being the fastest when completing lessons and tests. Other bonus points are also available e.g. completing the Weekly Lesson Plan. Students are able to redeem these points to enter competitions, make purchases and other exciting benefits.
2. When spending points to enter competitions or purchase from the Store, you agree to the Terms and Conditions for that competition or purchase.
3. Points earned and/or points spent on entering competitions or purchasing from the Store are non-refundable, redeemable for cash or transferable.
4. In the event that you or your family are a competition winner or you make a purchase from the Store, you give permission for a representative to deliver the prize to your home and give permission to take any photos delivering such prizes and or purchases, for online and print, promotional purposes.
5. In the event that you have not received your purchase within 30 days of making the purchase please contact the Parent Hotline on 0800 088 5414 for an update on the delivery status.
6. In the event that you are competition winner and you have not received your prize within 30 days of the draw date of the competition, please contact the Parent Hotline on 0800 088 5414 for an update on the delivery status.

Cancellation Notice

United Kingdom Consumer Rights Act 2015

Right to Cancel This Agreement within 14 Calendar Day Cooling Off-Period

You have the right to cancel this Agreement without any reason within 14 calendar days, including the day of your 1st Tutor call.

Extended Right to Cancel this Agreement

If the supplier has not complied with the law in relation to an unsolicited consumer agreement, you also have a right to cancel this Agreement by contacting the supplier, either orally or in writing. You should REFER TO THE INFORMATION ATTACHED TO THIS AGREEMENT. In some situations, you have up to 6 months to cancel this Agreement.

To cancel this Agreement in writing, you may complete this notice and send it to the supplier. You can also write a letter, fax or email and send it to the supplier.

Supplier Details

Name: Tutorwiz Ltd (The Supplier)

Address: Tutorwiz c/o West and Berry Ltd, Nile House, Nile Street, Brighton, BN1 1HW

Telephone: 0800 181 4221

Email: enquiries@tutorwiz.uk

When cancelling please provide the following information:

Consumer Details

Name(s)

Address

I HEREBY ADVISE THE SUPPLIER THAT I CANCEL THE AGREEMENT pursuant to the UK Consumer Rights Act 2015.

Signed by the Customer(s)

Date

Note: You, the Customer, MUST return to the supplier any goods supplied under the Agreement or arrange for the goods to be collected by the Supplier. Important Information about Your Cooling Off Rights Under The Consumer Rights Act 2015

Fourteen (14) Calendar Day Cooling Off Period

• You may cancel the Agreement at any time during the 14 calendar days, starting on the day of your first Tutor call or installation.
• The enrolment fee is not refundable and covers the expense incurred by Tutorwiz in setting up the Service.
• If the Agreement was negotiated by telephone, the cooling-off period starts on the first day after your first tutor call.

How to Cool Off

You may exercise your right to cool off and terminate the agreement by completing the enclosed cooling-off notice and returning it to us. You may return the notice by any of the following means:

• Delivering/posting it to us at address provided in the contract:
• Emailing us at the email address given in the contract:

Effect of Termination

If you elect to terminate the Agreement during the cooling-off period, the Agreement is treated as if it never existed.

Further Information

If you require any additional information about your rights as a consumer and the cooling-off period, you should contact the Citizen’s Advice Bureau.

Direct Debit Request (DDR)

Tutorwiz Ltd
MATHSWIZ AND ENGLISHWIZ

At Tutorwiz Ltd, we want to save you time, so we ask you to make regular payments by Direct Debit. The Direct Debit Guarantee makes this the safest way to pay. You will receive an online Direct Debit Mandate form from us shortly. We would be grateful if you could complete it and return it as soon as you can so we can start the programmes up for your child.

This authorisation is to remain in force in accordance with the terms and conditions on this page and in the service agreement. I/we have read, understood and agreed to these terms and conditions.

I accept this authorization is to remain in force in accordance with the terms and conditions on this page and on the reverse side hereof, and I have read, understood and agreed to the orders to the terms and conditions.

DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT

OUR COMMITMENT TO YOU

This document outlines our service commitment to you, in respect of the Direct Debit Request (DDR) arrangements made between Tutorwiz Ltd and you. It sets out your rights, our commitment to you and your responsibilities to us together with where you should go for assistance.

If consent is given it can be withdrawn at any time by providing notification to Tutorwiz Ltd in writing or by email.

INITIAL TERMS OF THE ARRANGEMENT

In terms of the Direct Debit Request arrangements made between us and signed by you, we undertake to periodically debit your nominated account for the agreed amount as per the contractual Agreement for the Tutorwiz Ltd Maths and English programs.

DRAWING ARRANGEMENTS AND DIRECT DEBIT FAILURE

• The first drawing under this Direct Debit arrangement will occur as per the Commencing date on the Direct Debit Request form on the other side of this page.
• If any drawing falls on a non-business day, it will be debited from your account on the next business day following the scheduled drawing date.
• If you wish to discuss any changes to the initial terms, please contact our customer support team by phone or by mail. The contact details are at the top of this page.
• If the Direct Debit fails, the system will retry at least 3 times. After that, the programme will be placed on hold or possibly terminated. A fee for each failed attempt will be collected and is charged at 1% +20p per failed transaction. This aligns with charges levied on Tutorwiz from financial institutions for a missed Direct Debit

MEMBERSHIP AND BILLING FOR ACCOUNTS WITH AUTOMATIC RENEWAL

This Section applies to accounts that have been created through the Service using a credit card and automatically renewed.

You can find specific details regarding your membership by contacting Tutorwiz.

Billing and Automatic Renewals.

MEMBERSHIP SUBSCRIPTION RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH SUBSCRIPTION PERIOD.

Unless otherwise agreed, you will be charged the monthly subscription you have agreed to pay for the Product(s) you have chosen; (Tutorwiz Tutoring Payment) from the date 2 weeks after your Tutor First Call. You must have a continuous payment method set up with us at all times (Direct Debit or continuous credit/debit card mandate), which we will use to take your payment on or around the date stated on your Enrolment Form. We will collect the Tutorwiz Payment in advance via the payment instruction. Details of our current standard subscription prices and what’s included in your programme are available by calling 0800 181 4221. You acknowledge that any payments you make to Tutorwiz will be applied to the full set of Tutorwiz services you receive. We may alter your Direct Debit or Credit Card instruction if your online programme payment changes for any reason. We may also charge any other payment due under this Contract under your Direct Debit or Credit Card instruction together with any other payments which you agree we may charge under that instruction.

You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your membership plan, and you authorise us to charge your Payment Method for such varying amounts. Payments are nonrefundable, and there are no refunds or credits for partially used periods. We may change the fees and charges in effect or add new fees and charges from time to time, but we will give you advance notice of these changes. If you want to use a different Payment Method or if there is a change in Payment Methods, such as your credit card validity or expiration date, please get in touch with Customer Service on 0800 181 4221. If your Payment Method reaches its expiration date and you do notify us of your Payment Method information or cancel your account (see “Cancellation” below), you authorise us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

You must cancel your membership before it renews each billing period to avoid billing the next membership fee to your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment.

Note: If your monthly membership begins on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31, your Payment Method would next be billed on February 28.

YOUR RIGHTS

CHANGES TO THE ARRANGEMENT

• If you want to make changes to the drawing arrangements, notify us by writing at least fifteen days before the next debit day. The contact details are at the top of this page. These changes may include: stopping/deferring any payment; altering the schedule; cancelling the DDR.
• Please note cancelling the DDR does not alter your payment commitments to your Agreement. Alternative payment methods will need to be established to fulfil your Agreement.

ENQUIRIES

• Direct all enquiries to us, rather than to your financial institution, and these should be made at least 15 calendar days prior to the next scheduled drawing date.
• All personal customer information held by us will be kept confidential except that information provided to our financial institution to initiate the drawing from your nominated account.

DISPUTES

• If you believe that a drawing has been initiated incorrectly, we encourage you to take the matter up directly with us by contacting our customer support team by phone or by mail. The contact details are at the top of this page.
• If you do not receive a satisfactory response from us to your dispute, contact your financial institution who will respond to you with an answer to your claim.
• You will receive a refund of the drawing amount if we cannot substantiate the reason for the drawing.

The Direct Debit Guarantee

• The Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits.
• If there are any changes to the amount, date or frequency of your Direct Debit, Financial Conduct Authority will notify you 10 working days in advance of your account being debited or as otherwise agreed. If you request Financial Conduct Authority to collect a payment, confirmation of the amount and date will be given to you at the time of the request
• If an error is made in the payment of your Direct Debit, by Financial Conduct Authority or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society.

• If you receive a refund you are not entitled to, you must pay it back when Financial Conduct Authority asks you to.

• You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify us.

YOUR COMMITMENT TO US

It is your responsibility to ensure that:

• Your nominated account can accept direct debits and that on the drawing date there is sufficient cleared funds in the nominated account; and that you advise us if the nominated account is transferred or closed.
• If your drawing is returned or dishounored by your financial institution, your bank will retry. To avoid repayment fees, please make sure there are funds to cover the monthly fee.

Any transaction fees payable by us in respect of the above will be added to your next debit amount and a notification will be sent to you about the charges.