| Author: | Alasdair Taylor |
| Updated: | 13 January 2023 |
| Length: | 10 pages |
| Notes: | 12 pages |
| Format: | MS Word (.DOCX) |
These terms and conditions cover arrangements for the provision of tutoring or training services by a business to private individuals, whether in their homes or elsewhere. It is suitable for use in relation to the provision of tutoring services on any subject. This template is not however appropriate for tutoring provided to business clients.
The focus of these T&Cs is the protection of the service provider. For instance, if the client is of the view that the services do not meet industry standards, he or she must inform the provider and allow the provider the opportunity to correct the situation by re-performing the services. No guarantee is offered regarding the attainment of a specific grade or test result from the tutoring services.
This template anticipates the possibility of late arrival by the tutor, and sets a time frame for establishing any breach. It also identifies the method to be used to cancel service appointments and to reschedule tutoring sessions. These terms and conditions protect the provider from breach of contract when a tutor cannot attend a tutoring session due to illness or personnel shortage, provided certain other conditions are met.
The provider may spell out applicable qualifications and stipulations for selection of individual service provider personnel. The agreement also includes provisions governing the customer premises where the services are to be provided.
Charges and payments are arguably the most likely area of contention in service contracts. Detailing exactly what will be charged, how the charges will be paid and other specifics in this area will go some way towards preventing legal disputes.
The standard-form template includes provisions intended to aid compliance with the law governing distance and off-premises contracts between a service provider and an individual, non-business consumer, including in relation to rights of cancellation. It also includes standard provisions with respect to warranties and limitations of liability, as well as a provision covering any events beyond the reasonable control of the service provider.
Written notice is required to terminate the contract, and all other contractual notices must also be in writing. The provider may set terms for the subcontracting of services under this template, though the provider remains ultimately responsible for performance of these contractual obligations.
Finally, this template includes a skeleton statement of work in which the customer, services, timetable, financial terms, and any contractual notices may be identified and detailed. Both parties should sign and date the statement.
