Terms and Services

Whole Agreement

This Agreement constitutes the entire understanding between the parties with regard to the subject matter thereof and the parties waive the right to rely on any alleged expressed or implied provision not contained herein. Clicking “I have read and agree to the terms above” at checkout represents your consent to this agreement.

Minors

Where the Student is a legal minor, the Parent/Guardian shall enter into this Agreement on behalf of the Student and shall accept and agree to all the terms and conditions contained herein on behalf of the Student.

Fees Payable to the Tutor

Fees shall be calculated at the rates posted on the “Book Now” tab of the apextutoring.co website.  No further fees shall be charged for traveling or preparation time of the Tutor for Sessions conducted. Fees are subject to change at any time.

Payment and Schedule of Sessions

The Student is responsible for payment of fees. Payment is through the web-based scheduler, “Acuity,” on the “Book Now” button of the apextutoring.co website.  In order to book the Session, payment is due at least 6 hours in advance.

Buddy Sessions

“Buddy Tutoring Sessions” consist of no more than two Students studying the same course who are both present at the same session.

Cancellation of Sessions by Student

Sessions not attended by the Student without giving 6 hours prior notice shall be charged at the full rate without a discount or refund for the missed Session(s).

Cancellation of Sessions by Tutor

The Tutor may cancel Sessions by giving 6 hours prior notice to the Student and he/she may reschedule the appointment at a time agreeable to both parties, failing which, the Student shall be refunded the missed Session payment fee.

The Tutor has the right to refuse or terminate services at any time per his/her discretion.

Late Arrival

Fees are calculated according to the times stipulated in the schedule and no adjustment shall be made for time lost because of late arrival by the Student.

Any lost time because of late arrival of the Tutor shall be compensated by extending a Session by mutual agreement and by the amount of time that was lost

Obligation of the Tutor

  1. The Tutor shall at no time be required or obligated to execute homework, assignments, quizzes, or exams on behalf of the Student.

  2. The Tutor undertakes to review material to be covered prior to each Session and to structure Sessions in such a way as to optimize time to the benefit of the Student.

  3. The Tutor shall keep confidential all information of the Student and shall contact other parties involved in the education of the Student only if given written permission by the Student to do so.  If the Student is a legal minor, the Parent/Guardian is entitled to all information of the Student including but not limited to status updates, grades, missed assignments and future assignments.

  4. The Tutor shall at no time (while in the agreement or after) solicit or encourage the Student to divert from or leave the Apex Tutoring platform in pursuit of a different payment venue.

Obligation of the Student

  1. The Student shall assist the Tutor in identifying problem areas in which the Student needs specific tutoring.

  2. The Student agrees to provide his or her own materials needed for each Session (e.g. books, notes, calculator, paper, graded assignments or  quizzes/exams, other relevant study material, etc.).

  3. The Student agrees to participate actively, ask questions, complete practice problems, etc.

  4. The Student shall at no time (while in the agreement or after) solicit or encourage the Tutor to divert from or leave the Apex Tutoring platform in pursuit of a different payment venue.

No Warranties

While the Tutor is confident in his/her skills and teaching ability, the Tutor makes no promises or warranties with regard to a Studentʼs performance as a result of any tutoring provided.

Status of the Tutor

It is expressly understood that the Student retains the services of the Tutor as an independent contractor and not as an employee. The Tutor shall be responsible for his/her insurance and for all statutory declarations and contributions with regard to income tax.

Relaxation of Terms

No relaxation, indulgence, waiver or release by any party of any of the rights and terms of this Agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed a waiver of any subsequent breach of any of the terms.

Indemnification

The Student indemnifies and holds the Tutor harmless for all injuries or damage of any kind for all consequential and special damages for any claimed breach of this Agreement or violation of any law or the rights of a third-party.

Governing Law

The terms of this Agreement shall be governed by and construed in accordance with the laws of Sacramento County, California, United States.

Attorney Fees

The Student shall pay all reasonable attorney and other fees, expenses and costs incurred by the Tutor in protecting his/her rights under this Agreement and for any action taken by the Tutor to collect any amounts due to the Tutor under this Agreement.