Terms & Conditions
The Study Hub Terms & Conditions
Welcome
Welcome to The Study Hub (we, us or our). We are delighted to have you join us. So that everyone has a safe and enjoyable experience, we ask you to complete your details above and read our terms and conditions (Terms) attached and sign below them in your capacity as the student or parent or guardian of the student (where the student is under 18).
Please read them BEFORE you enter into a contract with us.
We reserve the right to change these Terms.
When you agree to tutoring with us, you agree to the following terms and conditions on the terms you agree to when you book a tutor and each and every tie.
1.DEFINITIONS AND INTERPRETATION
The following terms are used in our website (Site), these Terms and in our other material:
(a) Client means Parent and/ or Student.
(b) Contract means the period that the Services are provided to the Student by The Study Hub.
(c) Damage means both economic loss, loss of reputation and damage to reputation, work or professional standing
(d) Fees means the payment to be made by the Client to The Study Hub for the Services.
(e) Parent means the parent(s), guardian(s) or nominee(s) of the Student.
(f) Scheduled Booking means a scheduled time for a Tutor to carry out the Services.
(g) Services means the tutoring services supplied to the Student by The Study Hub or its subcontracted Tutors. For clarity, the Services provided are 1 on 1 classes or group(face to face in centre or online with 2 or more students) (face to face in centre or online).
(h) Student means the person (including their parent and/ or legal guardian) who have registered with The Study Hub for the Services.
(i) The Study Hub means the name of the Tutoring company that provides tutors to Students or Clients.
(j) Tutor means a person suitably qualified and experienced to provide the Services in specific areas of academic expertise and may be the principal of The Study Hub or a sub contracted tutor appointed by The Study Hub in its absolute discretion.
- In these Terms, words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the feminine gender and vice versa.
- For all and any business undertaken by The Study Hub, a Tutor and/ or a Client (or Student), it is to be governed by these Terms. In the event of any conflict between these Terms and any other
2. OUR OBLIGATIONS TO YOU
2.1. The Client has engaged The Study Hub to provide the Services to the Student.
2.2. We will take all reasonable precautions to keep all details of Tutors and students secure but will not be liable for unauthorised access to the information provided by Tutors and Students.
2.3. We will liaise with Tutors and students to provide the Services.
2.4. We will be responsible for the collection of Fees.
2.5. We will ensure that all Tutors we hire and provide to Clients have a valid and current Working with Children Check (WCC Check).
2.6. If a Tutor is late or delayed to a Scheduled Booking, The Study Hub will compensate the client by extending a lesson for the same amount of time by mutual agreement to make up that time.
3. TUTORING SESSIONS
3.1. TYPES OF SESSIONS
A Student may enrol in any of the following types of tutoring sessions, details of which are set out below:
(a) MOBILE SESSIONS
Location: in the home of the Client or at another neutral venue (such as a library or after school care centre). For mobile sessions you undertake, where the Student is under 18:
where the Services will take place in the Client’s home, that at all times when the Tutor is working with the Student, an adult with parental responsibility shall be in the house and available to deal with any emergency. If some person with parental responsibility is not expected to be present in the house or leaves the house while a tutorial is under way, the Tutor may cancel the tutoring session or stop teaching, as the case may be. If that happens the Tutor’s fee remains payable; and
where the Services will take place at a neutral venue, that at all times when the Tutor is working with the Student an adult with parental responsibility shall be available to accept a phone call at all times and if necessary, to deal with an emergency.
(b) 1:1 TUTORING CENTRE SESSIONS
Location: The Study Hub’s tutoring centre at 20/70 Topham Road, Smeaton Grange.
For 1:1 Tutoring Centre Sessions, where the Student is under 18:
the Parent undertakes that at all times when the Student is at the tutoring centre that an adult with parental responsibility shall be located on premises (car park or near by); and
You acknowledge and agree to the Surveillance obligations at Clause 12 apply.
(c) 1:1 ONLINE SESSIONS
Location: via zoom, Microsoft teams or such other online platform.
For 1:1 Online Sessions, where the Student is under 18 you undertake that:
the Parent is responsible for ensuring there is reliable internet connection where the Student is located to ensure that the Scheduled Booking can take place without interruption or any issues. The Parent acknowledges that the full Fee of the Scheduled Booking will still apply regardless of any internet or Wi-Fi connectivity problems; and
the Parent is responsible for ensuring there is a quiet and private place for the Student to engage in the Scheduled Booking.
3.2 TUTORING PACKAGES
The Student may elect to engage The Study Hub for a tutoring package which includes ten (10) 1:1 tutoring sessions over the course of one school term (Tutoring Package). Where a Tutoring Package is selected:
the Parent acknowledges in this case that sessions will occur once per week and must take place within the course the term of enrolment, subject to The Study Hub’s cancellation policy;
Tutoring Packages may be paid either up front in total or on a pay as you go option; and
where Clients have elected to pay up front, Clients must provide at least two (2) weeks’ notice to discontinue the Tutoring Package. Failure to provide 2 weeks’ notice means that the fee equivalent to 2 tutoring sessions will be charged.
3.3 GROUP SESSIONS
Where the Student will join any group tutoring sessions (including School Readiness Sessions) and the Student is under 18:
the Parent acknowledges that all group sessions will take place within The Study Hub’s tutoring centre;
the Study Hub’s cancellation policy does not apply to any group sessions. Group sessions are charged in blocks and the Client is responsible for paying the Fees even if the Student has missed or is unable to attend a group session; and
where the Parent has provided notice in advance of any holidays or other reason that the Student is unable to attend a group session, a make-up session may be offered in the following term at The Study Hub’s sole discretion.
3.4 TRIAL SESSIONS FOR NEW STUDENTS
Each new Student is entitled to one trial session (Trial Session). Where the Student or Client does not wish to continue with further tutoring sessions after the Trial Session, the Client will receive a 50% refund for the Trial Session. The Client acknowledges that the full fee is payable for the Trial Session where the Student elects to continue sessions with the Tutor.
3.5 TUTOR CRUNCHER PLATFORM
As part of the Services, The Study Hub uses the Tutor Cruncher Platform (Tutor Cruncher PLATFORM) to send out lesson reminders and to communicate with the Client. Once a Student has a Scheduled Booking, the Client acknowledges that they must install and register for the Tutor Cruncher App. The Client agrees that The Study Hub has no responsibility or liability in the event the Client fails to install the Tutor Cruncher App and does not receive any important reminders or communications from The Study Hub.
3.6 ACKNOWLEDGMENTS
Parents acknowledge that at all times and regardless of the type of tutoring session provided:
(i) the Parent accepts responsibility for every aspect of the behaviour of the Student;
(ii) where a tutoring session is held either at the Client’s home, a neutral venue or online, extra time will be incurred where the Client fails to provide a quiet workspace to carry out the Scheduled Booking; and
(iii) if an emergency occurs, the Tutor is under no obligation to take any particular action and if in doubt the Tutor will contact triple zero, or the relevant emergency services.
3.7 LATE ARRIVALS
If a Student is late to a Scheduled Booking, the Scheduled Booking will be shortened by the amount of the time the client was late to the lesson. Students who are more than 20 minutes late will be considered a “no show” and Fees will be charged in full.
3.8 BEHAVIOUR
All Clients (Students and Parents included) must behave appropriately and politely during all tutoring sessions and in any communication with The Study Hub staff and Tutors. Clients acknowledge that the scope of communication between Clients and The Study Hub should only be in relation to the Student’s tutoring sessions and education, and no Tutors or The Study Hub staff is required to discuss any personal matters. The Study Hub may cancel this agreement at any time, without notice, if it is of the opinion that the behaviour of the Student or the Parent is such as to be inappropriate, harassing, dangerous or prejudicial to the Programme or to any of The Study Hub’s staff or Tutors.
4.CLIENT OBLIGATIONS
4.1 The Client undertakes at all times to maintain appropriate insurances and in particular, occupier’s liability insurance, against risks of events which could reasonably be expected to cause injury, loss or damage to the Tutor.
4.2 The Client undertakes to assist the Tutor in identifying problem areas in which the Client or the child of the Client, requires assistance.
4.3 The Client agrees that the Student will be prepared for each lesson prior to the arrival of the Tutor from The Study Hub.
4.4 The Student agrees, and the Client is responsible for ensuring that Students comply, to undertake assignments, exercise and homework set as part of the Programme by The Study Hub.
5. FEES
5.1. The Study Hub will submit an account at the end of each session or by any other payment method agreed in writing with The Study Hub.
5.2. Payment of Fees must be made within seven (7) days from the date of invoice (Due Date).
5.3. A complaint or rejection of some part of the Services does not entitle the Client to hold back payment for any Services.
5.4. The Tutor reserves the right to charge the Client interest in respect of the late payment of any money due under this agreement (both before and after judgment) at the rate of 10 percent per annum from the Due Date until receipt of payment.
5.5 The Client acknowledges that additional fees may be charged with regards to:
(a) late pick up at School Readiness sessions;
(b) administrative fees with regards to a Student who has been waitlisted, which is non-refundable regardless of whether or not the Student is matched with a Tutor or chooses to commence tutoring sessions with The Study Hub;
(c) any delays and related expenses caused by interruptions during the delivery of the Services or other extraneous factors (including where a quiet workspace has not been provided), which will be charged by the hour.
5.6 The Study Hub Refund Policy. Excludes administration fee.
6. CANCELLATION POLICY
6.1 The following cancellation policy applies to all tutoring sessions, unless otherwise expressly stated:
if the Client wishes to cancel or reschedule a Scheduled Booking, he or she must notify The Study Hub at least eight (8) hours before the Scheduled Booking is due to take place. If this notice is not given, the full Fees for that Scheduled Booking is payable, including where the Scheduled Booking is part of a tutoring package or where the Student has elected to cancel the Scheduled Booking themselves (with or without the Client’s knowledge);
where the Scheduled Booking is part of a Tutoring Package, (one) 1 make-up session will be provided. Any make up session must take place within the term of enrolment of the Tutoring Package, however, The Study Hub will allow a maximum of one (1) cancelled session only to be credited to the following term; and
this cancellation policy applies regardless of the reason for cancellation, including where the reason for cancellation is unavoidable and/ or for humanitarian reasons.
6.2 The Client acknowledges they are solely responsible for keeping track of any cancelled Scheduled Bookings, including with regards to scheduling any make-up sessions and where Students have elected to cancel a Scheduled Booking on their own.
7. CONFIDENTIALITY
7.1. Each of the parties now undertakes for the benefit of the other that they will not:
(a) divulge to any person whatever or otherwise make use of any Personal Information relating to the other, which he learns as a result of this contract or any circumstance flowing from the contract;
(b) post any text, nor image, nor audio-visual material, on any social network or other public place which could be hurtful, embarrassing or damaging to the other of us.
7.2. The parties agree that any Damage arising directly or indirectly from a breach of the above provisions must be compensated on the basis of the effect on the damaged party.
7.3. The Client accepts personal liability for compliance with these provisions by members of his or her family and domestic staff.
7.4. This clause 6 survives termination of the Contract.
8. INTELLECTUAL PROPERTY
8.1.Unless otherwise indicated, copyright and other intellectual property rights in our Site (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings and software) and online and in person classes and programs is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed in these Terms of Use, the design of our Site and Services along with all created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (Marks), are owned by or licensed to us, subject to copyright and other intellectual property rights as applicable under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Site or the Materials used in our Services; or
(b) commercialise any information, products or services obtained from any part of our Website, without our written permission.
9. LIMITATION OF LIABILITY
9.1 Despite anything to the contrary, to the maximum extent permitted by law the Client:
(a) warrants that it has not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of The Study Hub, whether before or after the Start Date; and
(b) agrees that these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
9.2 The maximum aggregate Liability arising from or in connection with these Terms and this Contract will be limited to, and will not exceed, the portion of the Fees paid by the Client to The Study Hub for the Services the subject of the relevant claim.
9.3 The Study Hub will have no Liability, and the Client releases and discharges The Study Hub from all Liability, arising from or in connection with any:
(a) event or circumstance beyond the reasonable control of The Study Hub;
(b) acts or omissions of the Client;
(c) defect, error, omission or lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services; and/or
(d) loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data; and
(e) the Client will indemnify The Study Hub for and against all Liability arising from or in connection with any wrongful act or omission by the Client or a related part of the Client.
10. No warranties or guarantees
10.1 While The Study Hub endeavours to provide the best educational services possible, there are no guarantees or promises provided with respect to the likely improvement or performance of any Student in receipt of the Services.
11. Termination
11.1. This Contract may be terminated by either party at any time by giving the other party 14 days’ notice in writing. If The Study Hub terminates the Contract, a refund may be issued on a pro rata basis if the Client is in credit.
12. Surveillance
12.1 Where the Student has Scheduled Bookings which take place within The Study Hub tutoring centre, the Client acknowledges that the centre has camera surveillance by closed circuit television cameras installed (CCTV Surveillance). By accepting these Terms, the Client acknowledges the presence of CCTV Surveillance in the tutoring centre and consents to the CCTV Surveillance, which may take place on an ongoing and continuous basis.
12.2 The CCTV Surveillance is for the protection and safety of all Students and Tutors attending the tutoring centre (Purpose). The Study Hub warrants that CCTV Surveillance will only be used for the Purpose and no footage of CCTV Surveillance will be made publicly available.
12.3 The Client may raise any concerns about CCTV Surveillance with The Study Hub at any time and The Study Hub will use best endeavours to work with the Client regarding any concerns raised about the CCTV Surveillance.
13. Notices
13.1 Any notice given under this Document must be in writing addressed to the relevant address in the Proposal. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
14. Relationship of Parties
14.1 This Document is not intended to create a partnership, joint venture or agency relationship between the parties.
15. Severance
15.1 If a provision of this Document is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Document without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Document.
16. Entire agreement
16.1 This Document contains the entire understanding and agreement between the parties in respect of its subject matter.
17. Amendment
17.1 This Document may only be amended by written instrument executed by all parties.
18. Governing law
18.1 These Terms and Conditions are governed by the laws of New South Wales.
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