Agreement Between Client and SiSTEM Tutoring Agency, LLC
1.1 Welcome to www.sistemtutoring.com.The “www.sistemtutoring.com” website (the "Site") is comprised of various web pages operated by SiSTEM Tutoring Agency, LLC ("SiSTEM"). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.sistemtutoring.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
1.2 SiSTEM is an agent for the provision of one or more tutors to Client through the use of www.sistemtutoring.com. SiSTEM is a tutoring agency and we are a party to this Agreement.
1.3 You are referred to in this Agreement as “the Client” and you are the other party to this Agreement. You agree to the purchase of tutoring sessions on behalf of the “Student”. The Student may be yourself or another person. The Student is the person who receives the tutoring service through sessions of either online, in-person, or group tutoring.
1.4 The Client agrees to these terms and conditions which relate to SiSTEM providing a tutor to you and your use of www.sistemtutoring.com.
2.1 SiSTEM agrees to provide qualified and experienced tutors that have submitted to a background check in exchange for collecting the fee on behalf of the tutor together with its own fee relating to administration and introduction commission.
Payment in Exchange for Tutoring Services
3.1 The Client agrees to pay SiSTEM under the agreed upon monthly subscription package or on a “Pay-As-You-Go” plan for tutoring services received from qualified tutors found on the Site in advance of actual tutoring sessions. Client understands that he/she will be charged for time in one-hour increments.
3.2 THE CLIENT AGREES TO PAY THE TUTORING BILL ONLINE VIA www.sistemtutoring.com. If the payment fails, we will charge your card on file $10 each day that the payment is late.
3.3 ALL SESSIONS ARE PREPAID based on whichever package Client chooses and must be paid up front. If the month subscription plan is chosen, Client must schedule all tutoring sessions within the month (30 days). ALL UNUSED TUTORING HOURS FOR THE MONTH WILL BE VOID AND NONREFUNDABLE AFTER THAT TIME. For “Pay-As-You-Go” clients, a fee of $25.00 will be collected from the Client via credit card in the event that the Student is more than 15 minutes late or a no show.
Prohibition of Other Arrangements
4.1 THE CLIENT WILL NOT AGREE TO ANY ALTERNATIVE FEES WITH THE TUTOR AND AGREES NOT TO RENDER ANY DIRECT PAYMENTS TO THE TUTOR FOR ANY REASON.
4.2 The Client is not permitted to enter into any private arrangements with any Tutor provided by SiSTEM. The Client undertakes to make all bookings with Tutors introduced by SiSTEM exclusively through www.sistemtutoring.com.
4.3 A breach of these terms will render the Client liable to SiSTEM for all sums received by the Tutor direct from the Client or from a new Client without deduction and SiSTEM shall be entitled to seek injunctions against the Client to prevent further breaches. These obligations continue beyond the termination or conclusion of this agreement.
4.4 Should you wish to recommend one of SiSTEM tutors to any other Potential or Actual Client, the Client must contact SiSTEM to make a booking through the agency.
Agreement with the Tutor for the Provision of Tutoring Services
5.1 Once a tutoring session has been confirmed, both the Client and the Tutor are entering into a contract between the Client and the Tutor.
5.2 SiSTEM acts as an agent on behalf of the Tutor and the Client and shall be the conduit by which payment for services are transferred. SiSTEM is only responsible for finding students and an appropriate teacher for the specific subject and is not responsible for the content of any lessons and/or teaching methods.
5.3 A tutor will be deemed to have been provided to the Client by SiSTEM once a tutoring session has been booked.
5.4 By booking a session with the Tutor, the Client agrees to be bound by these Terms and Conditions and by the terms and conditions which govern their relationship.
5.5 CLIENTS SHOULD BE AWARE THAT THE TUTOR IS AN INDEPENDENT CONTRACTOR AND DOES NOT HAVE POWER TO BIND SISTEM IN ANY WAY.
Scheduling & Cancelation Policy
6.1 Client Agrees to only schedule tutoring sessions through SiSTEM on Squarespace Scheduling via www.sistemtutoring.com.
6.2 Notice of cancellation of a scheduled tutoring session must be given by the Client to their Tutor more than 12 hours in advance, unless for reasons of a family emergency or illness. Proof of emergency and/or illness must be provided before rescheduling the tutoring session.
6.3 If notice is not given or is given within 12 hours of the scheduled start time of a pending tutoring session, the Client is required to pay 100% of the tutorial fees associated with the session and loses the tutoring hour they booked.
6.4 If for any reason and at any time more than 12 hours in advance of a booked tutoring session a tutor cancels, SiSTEM will apply the payment for the session toward a future session that the Tutor and Client agree upon. All rescheduled Sessions must be rescheduled within the same month as the missed session. Extenuating circumstances will be assessed on a case by case basis.
7.1 There will be no adjustment to fees for sessions where the Student either arrived late to a scheduled tutoring session or terminated said session early.
7.2 SiSTEM has gone to great lengths to ensure Tutors are punctual. In the unlikely event that Tutor arrives 15 minutes or more late to a scheduled tutoring session, SiSTEM will credit Client’s account with one-hour of tutoring for a Make-up Session. All Make-up Sessions must be rescheduled within the same month as the missed session. Extenuating circumstance will be assessed on a case by case basis.
8.1 The Client shall notify SiSTEM immediately and in any event within 24 hours if the Tutor fails to attend work or notifies the client that he/she is unable to attend work for any reason.
8.2 Client understands he/she is responsible for maintaining the confidentiality of their account and password and for restricting access to their computer and agree to accept responsibility for all activities that occur under their account or password.
8.3 You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SiSTEM is not responsible for third party access to your account that results from theft or misappropriation of your account. SiSTEM and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
9.1 CLIENT UNDERSTANDS THAT UNDER NO CIRCUMSTANCES WILL A REFUND BE ISSUED AS LONG AS ONE MONTH OF TUTORING HAS PASSED AFTER THE FIRST TUTORING SESSION, THE CLIENT WILL CONTINUE TO BE BILLED. EXTENUATING CIRCUMSTANCES WILL BE ASSESSED ON A CASE BY CASE BASIS.
9.2 CLIENT UNDERSTANDS THAT UNDER NO CIRCUMSTANCES WILL A REFUND BE ISSUED FOR CLIENTS THAT CHOOSE THE “PAY-AS-YOU-GO” OPTION. EXTENUATING CIRCUMSTANCES WILL BE ASSESSED ON A CASE BY CASE BASIS.
Minors & Children Under Thirteen
10.1 Where the student has not reached the age eighteen (18) years old, the Parent or Guardian of said student shall enter into this Agreement on behalf of the Student and agree to all the Terms contained herein on behalf of the Student.
10.2 SiSTEM does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under 18, you may use www.sistemtutoring.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
12.1 www.sistemtutoring.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SiSTEM and SiSTEM is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SiSTEM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SiSTEM of the site or any association with its operators.
12.2 Certain services made available via www.sistemtutoring.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.sistemtutoring.com domain, you hereby acknowledge and consent that SiSTEM may share such information and data with any third party with whom SiSTEM has a contractual relationship to provide the requested product, service or functionality on behalf of www.sistemtutoring.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
13.2 All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SiSTEM or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
13.3 You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SiSTEM content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SiSTEM and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SiSTEM or our licensors except as expressly authorized by these Terms.
Use of Communication Services
14.1 The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
14.2 By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
14.3 SiSTEM has no obligation to monitor the Communication Services. However, SiSTEM reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SiSTEM reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
14.4 SiSTEM reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SiSTEM's sole discretion.
14.5 Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SiSTEM does not control or endorse the content, messages or information found in any Communication Service and, therefore, SiSTEM specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SiSTEM spokespersons, and their views do not necessarily reflect those of SiSTEM.
14.6 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.sistemtutoring.com or Posted on Any SiSTEM Web Page
15.1 SiSTEM does not claim ownership of the materials you provide to www.sistemtutoring.com (including feedback and suggestions) or post, upload, input or submit to any SiSTEM Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SiSTEM, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
15.2 No compensation will be paid with respect to the use of your Submission, as provided herein. SiSTEM is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SiSTEM's sole discretion.
15.3 By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
16.1 The Service is controlled, operated and administered by SiSTEM from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SiSTEM Content accessed through www.sistemtutoring.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
17.1 You agree to indemnify, defend and hold harmless SiSTEM, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SiSTEM reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SiSTEM in asserting any available defenses.
18.1 In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, at a location within the state of Texas. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
19.1 Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and SiSTEM agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
20.1 SiSTEM does not accept liability for any claims by the Client arising out of or related to the provision of tutoring services by the Tutor.
20.2 SiSTEM will not be liable to the Client or any third party for any act, omission or error (whether willful, negligent or otherwise of the Tutor).
20.3 The Client shall indemnify and keep indemnified SiSTEM against any costs, claims or liabilities incurred by SiSTEM out of any Assignment or as a result of any breach of these Terms by the Client.
20.4 THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SISTEM TUTORING AGENCY, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
20.5 SISTEM TUTORING AGENCY, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SISTEM TUTORING AGENCY, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
21.1 The Termination of the Agreement occurs when all of the obligations under this Agreement are complete or discharged, excluding the ongoing undertakings in paragraph 4 of this Agreement. Conclusion of the Agreement will typically occur at the end of the final session but may occur at another time in accordance with this Section.
21.2 SiSTEM reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
21.3 You agree that no joint venture, partnership, employment, or agency relationship exists between you and SiSTEM as a result of this agreement or use of the Site. SiSTEM's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SiSTEM's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SiSTEM with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
21.4 Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SiSTEM with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SiSTEM with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
22.1 SISTEM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CHANGE THE TERMS UNDER WHICH WWW.SISTEMTUTORING.COM IS OFFERED. The most current version of the Terms will supersede all previous versions. SiSTEM encourages you to periodically review the Terms to stay informed of our updates.