YOUR USE OF THE SERVICES
These Terms of Service (“Terms”) govern your access to and use of My Private Professor (“MPP”) websites, services, and applications (collectively, the “Services”). Your access to and use of the Service is conditioned on your acceptance to and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Services, you agree to be bound by the Terms. If you do not accept the Terms, you should not use the Services.
- By booking a session with an MPP Tutor (“Tutor”), a student seeking tutoring with MPP or the parent/ guardian of said student if student is a minor (hereinafter, “Client”) thereby agrees to receive tutoring at the Tutor’s posted rate at the time of booking.
- Client understands that tutoring sessions will be billed for a minimum of one hour, and in quarter hour increments thereafter above the hour.
- Client understands that the length of a session may be mutually extended by Tutor and Client, and that Client will be billed accordingly for any additional time at the prorated hourly rate.
- Client understands that a deposit will be required to secure a tutoring session with a Tutor, which will be put toward the cost of the booked session. This deposit is non-refundable (except in the event of Tutor cancellation) and will be forfeited if the session is cancelled by Client. In the event that a session is cancelled by Tutor, this deposit will be credited to a future session or will be refunded to Client.
- Client agrees to promptly pay for a tutoring session (less any deposit paid) after a tutoring session is completed and invoiced.
- Client understands that an outstanding balance may affect the scheduling or confirmation of tutoring sessions.
- Client understands that there are no refunds for any tutoring services rendered, and Client understand that, once a portion of any prepaid package is used, any unused prepaid hours are nonrefundable.
- Client understands that MPP pays its tutors directly and Client will not make any payments to, nor discuss any payment issues with, Tutor.
- Client understands that Tutor is not allowed to ask Client for any payment for his/her tutoring services.
- Client understands that if Client is late for his/her scheduled tutoring session, Client will still be billed from the start of the scheduled time of the session.
- Client understands that if Tutor is late for a scheduled tutoring session with Client, the session will be prorated to reflect the time tutored or extended to cover the full amount of time requested.
- Client understands that MPP does not guarantee that it will be able to provide a tutor for Client for the subject requested at the location, day, and time that Client is available.
- Client understands that neither MPP nor its Tutors make any promises or warranties with regard to Client’s performance as a result of any tutoring provided.
- Client understands that Tutors who provide tutoring services may not be subject to a background check by MPP. Client understands that it is Client’s sole responsibility to exercise his/her own judgment protocols, and/or standards when considering whether to engage in tutoring services with any Tutor.
- Client understands that Client’s relationship with Tutor was established through MPP and that Client must go through MPP to receive any tutoring services with Tutor.
- Client agrees to not attempt to establish a tutoring, childcare, or other relationship with Tutor separate or apart from MPP.
- Client understands that there must be at least one other adult over the age of 18 present for the duration of any in-person tutoring session between Tutor and Client if Client is a minor.
- Client understands that the Tutor shall at no time be required or obligated to execute homework or assignments on behalf of Client or otherwise engage in academic dishonesty of any kind.
- Client understands that MPP reserves the right to refuse service to anyone.
- Client understands that for online tutoring sessions, Client needs access to a computer or device with a broadband wired or reliable wireless internet connection, a webcam, speakers, and a microphone.
- Client understands that Client may need access to a free, online platform such as zoom or Skype in order to receive online tutoring.
RELEASE FROM LIABILITY
- Client understands that Tutors are independent contractors of MPP and solely responsible for their own actions and performance. Client acknowledges and agrees that MPP is not responsible or liable for conduct or behavior of Tutors and other contractors.
ASSUMPTION OF RISK
- Client understands and agrees that Client assume all risks that may result from or in any way arise out of Client’s tutoring services with MPP.
- Client agrees to indemnify and hold harmless MPP and its officers and agents from and against any and all claims that may result from or in any way arise out of Client’s tutoring services with MPP.
- Client understands that this Agreement will be for the benefit of MPP’s successors and assigns, and will be binding on Client’s assignees.
- Client understands that this Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of California.
- Client understands that if any provision of this Agreement is held by a court of law to be invalid or unenforceable, (a) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (b) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
- Client understands that no term or provision hereof will be considered waived by either party, and no breach excused, unless such waiver or consent is in writing and signed by Client and MPP. The waiver of, or consent to, a breach of any provision of this Agreement shall not operate or be construed as a waiver of, consent to, or excuse of any other or subsequent breach by either party. This Agreement may be amended or modified only in writing by mutual agreement of authorized representatives of the parties.
- Client understands that this Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous oral or written agreements concerning this subject matter. The terms of this Agreement will govern all tutoring services with Client by MPP.
- Whereas Client is a legal minor, the Parent/ Guardian shall enter into these Terms on behalf of Client and shall accept and agree to all the terms and conditions contained herein on behalf of Client.