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Last updated: September 3, 2023
STEM Excellence Tutoring, LLC, of 2924 E Broadway Blvd. Tucson, AZ 85716, telephone (520) 903 9966, e-mail [email protected] (hereinafter referred to as the “Tutor”), and: Services will be provided to Student through in-person or online lessons (the “Lessons”), conducted by the individual teachers selected by the Tutor (hereinafter referred to as the “Lesson Tutors”) in its sole discretion.
FEES PAYABLE TO THE TUTOR
STEM Excellence Tutoring’s current rate plans are subject to the limitations and conditions expressed in the plan. No additional fees shall be charged for preparation time of the Tutors. An additional processing fee may be added for credit card payments. The fees charged by STEM Excellence Tutoring may be adjusted from time to time and shall become effective after having given the student thirty (30) days written notice.
Student acknowledges and agrees to pay all costs associated with transacting tutoring business through STEM Excellence Tutoring. These costs include, but are not limited to, 1) the hourly rate listed for hourly tutoring, 2) program fees for tutoring and test prep programs, and 3) cancellation or no show of tutoring sessions as described below.
STEM Excellence Tutoring will accept payment by credit or debit card. A processing fee of $2.50 is added to all credit card payments. Payment for all programs and lessons shall be made in advance unless a payment plan is otherwise agreed upon. For any additional lessons requested by the student not included in the plan or program, STEM Excellence
Tutoring shall automatically charge the student. If the payment method on file is no longer valid, STEM Excellence Tutoring will contact the student or parent via phone call and email to notify the student. Student shall pay such invoices within 14 days of the notification date. STEM Excellence Tutoring will not issue any refunds for programs or lessons that have already been initiated.
SCHEDULED PAYMENT PLANS
Should a Student cancel a program prior to completion of all scheduled payments in a payment plan, any future payments may be cancelled. This does not apply to programs that have been completed in full – any program that is completed in full must be paid in full.
CANCELLATION OF LESSONS BY STUDENT
The student may cancel a lesson by giving at least 24 hours prior notice to the Tutor; if such notice is given, no lesson fees will be incurred. Lessons not cancelled by the student without the required 24 hours notice to the Tutor shall be charged at 50% of the hourly rate. If the student cancels within 1 hour of the session or the student does not arrive or log into the tutoring session within 15 minutes of the session start time, Student will be charged 100% of the lesson.
CANCELLATION OF LESSONS BY STEM EXCELLENCE TUTORING OR TUTOR
STEM Excellence Tutoring or the Tutor may cancel lessons by giving 24 hours prior notice to the Student. Where a lesson was pre-paid, the Tutor shall reschedule the appointment at a time agreeable with both parties, and the Student shall be credited the fee for the missed lesson, if prepaid.
Fees are calculated according to the times stipulated in the schedule and no adjustment shall be made for lost time because of late arrival of the Student. Any lost time because of the late arrival of the Tutor shall be compensated for by extending a lesson by mutual agreement and for the amount of time that was lost.
OBLIGATIONS OF STEM EXCELLENCE TUTORING AND THE TUTOR
OBLIGATIONS OF THE STUDENT
PRIVACY OF DATA
All personal data entered into STEM Excellence Tutoring by STEM Excellence Tutoring, its employees and administrators is STEM Excellence Tutoring’s property and subject to STEM Excellence Tutoring’s responsibility.
The Student agrees not to discuss salary information or lesson fees with the Tutors. By purchasing tutoring services through STEM Excellence Tutoring, Student agrees to not directly or indirectly compete with STEM Excellence Tutoring and its successors, both during the period of Tutor use and for a period of one year following termination of this tutoring agreement by any of the following methods:
1. Offering Tutors any tutoring or related work outside of this agreement.
2. Offering to pay Tutors directly or indirectly through means outside of STEM Excellence Tutoring for the Tutor to work outside STEM Excellence Tutoring’s business.
3. Referring Tutors to other potential clients who intend to hire Tutor outside of STEM Excellence Tutoring’s business, or Any other direct or indirect propositioning of Tutors to do any work outside of STEM Excellence Tutoring’s business.
STEM Excellence Tutoring makes no promises or warranties with regards to the Student’s performance as a result of any tutoring provided.
The Student may terminate their contract by providing written notice to STEM Excellence Tutoring. Any fees already paid will not be refunded. Any remaining payments due for the program will be cancelled. This is applicable to tutoring packages and programs in the amount of $1000 or more. In the event of contract termination, The Student will forfeit any specials applied at the time of purchase. A termination of contract does not terminate any amounts owed by the Student to STEM Excellence Tutoring.
WAIVER OF TERMS
No relaxation, indulgence, waiver or release by any party of any of the rights in the terms of this agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.
This agreement constitutes the entire understanding between all the parties with regard to the subject matter hereof and the parties waive the right to rely on alleged expressed or implied provision not contained herein. Any alteration to this agreement must be in writing and signed by STEM Excellence Tutoring and The Student.
Student waives and forever releases STEM Excellence Tutoring from any claims or damages which may result from actions or events outside the scope of this agreement, including but not limited to injuries, emotional damages, physical harm, and all other consequential and special damages.
CHOICE OF LAW
Student agrees that the laws of Arizona will govern the validity, interpretation, and effect of this Agreement, as well as any other disputes arising out of or relating to the contract between Student and STEM Excellence Tutoring.
JURISDICTION AND VENUE
Student and STEM Excellence Tutoring agree to have all disputes arising out of this Agreement resolved in the courts of Pima County, Arizona. STEM Excellence Tutoring and Student hereby consent to jurisdiction in said court(s). STEM Excellence Tutoring and Student hereby waive all questions of personal jurisdiction and venue of such courts, including, without limitation, the claim or defense that such court(s) constitute an inconvenient forum.
Where the Student is a legal minor, the Parent/Guardian shall enter into this tutoring contract on behalf of the Student and shall accept and agree to all the terms and conditions contained herein on behalf of the Student.
Tutor Satisfaction: STEM Excellence Tutoring will assign a new tutor to work with the Student at no additional cost if the Student is not satisfied with their first (1st) tutoring lesson.
No refund will be issued for the tutoring lesson.
Cancellation: STEM Excellence Tutoring will not issue any refunds for programs or lessons that have already been initiated. Any remaining payments due in the agreed upon payment plan can be cancelled. This does not apply to programs that have been completed in full – any program that is completed in full must be paid in full.