YOUR USE OF 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 Services 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 Services.
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” or “Tutors”), a student seeking tutoring with MPP or the parent/ guardian of said student if student is a minor (hereinafter, the “Client”) thereby agrees to receive tutoring at the Tutor’s rate posted on the website at the time of booking, unless a promotional code applies.
- If a promotional code applies, the Client thereby agrees to receive tutoring at the rate and terms that govern the promotional code.
- The Client understands that the length of a session may be mutually extended by the Tutor and the Client, and that the Client will be billed accordingly for any additional time.
- The Client understands that tutoring sessions will be billed for a minimum of one hour, if a session lasts longer than 65 minutes, it will count as an additional session and Client will be invoiced accordingly.
- The Client agrees to promptly pay for a tutoring session after a tutoring session is completed and invoiced.
- The Client understands that an outstanding balance may affect the scheduling or confirmation of tutoring sessions.
- The Client understands that there are no refunds for any tutoring services rendered, and the Client understands that, once a portion of any prepaid package is used, any unused prepaid hours are nonrefundable.
- The Client understands that MPP pays its tutors directly and the Client will not make any payments to, nor discuss any payment issues with, the Tutor.
- The Client understands that the Tutor is not permitted to ask the Client for any payment for his/her tutoring services.
- The Client understands that if the Client is late for his/her scheduled tutoring session, the Client will still be billed from the start of the scheduled time of the session.
- The Client understands that cancelling a booked online individual tutoring session within 24 hours, not showing up for a booked session, starting a session late, or leaving a session early will count as a completed tutoring session and Client will be invoiced accordingly.
- The Client understands that if the Tutor cancels a session or does not show to a session, such session will not be counted as completed and will not be invoiced.
- The Client understands that if the Tutor is late for a scheduled tutoring session with the Client, the Tutor will extend the session to cover the full amount of time requested if possible.
- The Client understands that MPP does not guarantee that it will be able to provide a tutor for the Client for the subject requested at the location, day, and time that the Client is available.
- The 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.
- The Client understands that the Tutors who provide tutoring services may not be subject to a background check by MPP. The Client understands that it is the 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.
- The Client understands that the Client’s relationship with Tutor was established through MPP and that the Client must go through MPP to receive any tutoring services with the Tutor.
- The Client agrees to not attempt to establish a tutoring, childcare, or other relationship with the Tutor separate or apart from MPP.
- The 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.
- The 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.
- The Client understands that for in-person tutoring, a liability waiver must be signed.
- The Client understands that for online tutoring sessions, the Client needs access to a computer or device with a broadband wired or reliable wireless internet connection, a webcam, speakers, and a microphone.
- The Client understands that the Client may need access to a free, online platform such as Zoom or Skype in order to receive online tutoring.
RELEASE FROM LIABILITY
- The Client understands that Tutors are independent contractors of MPP and solely responsible for their own actions and performance. The Client acknowledges and agrees that MPP is not responsible or liable for conduct or behavior of Tutors and other contractors.
ASSUMPTION OF RISK
- The Client understands and agrees that the Client assumes all risks that may result from or in any way arise out of the Client’s tutoring services with MPP.
- The 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 the Client’s tutoring services with MPP.
- The Client understands that this Agreement will be for the benefit of MPP’s successors and assigns, and will be binding on the Client’s assignees.
- The 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.
- The 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.
- The 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 the 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.
- The 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 the Client by MPP.
- Whereas the Client is a legal minor, the Parent/ Guardian shall enter into these Terms on behalf of the Client and shall accept and agree to all the terms and conditions contained herein on behalf of the Client.
I am over 18 years of age and I have read and agree to the Terms.