Terms and Conditions

1.      Interpretation

The terms of this agreement shall apply to each engagement of the Company by the client unless replaced in writing. Any further work by the Company, shall be deemed to be on these terms.

In this agreement the terms below shall have the following meanings, unless their context otherwise requires:

Blue Card: means a current blue card, or an exemption card, issued by Blue Card Services, Queensland Government, which confirms that the holder has passed the working with children check;

Company: Seeds of Knowledge Pty Ltd (CAN: 621 146 905)

Contract: means each and every contract from time to time made between the Company and the client in respect of which the Company provides the services of a Tutor to the Client;

Client: means the person listed as the client on the first page and includes its successor and permitted assigns;

Event of Default: means any of the following events;

1. The Client fails to pay for the Services within the payment terms;
2. The Client is in breach of these Terms;

Services: means the provision of group tutoring sessions conducted by teachers as directed by the company using the company’s systems;

Report: means any written documentation that outlines a child’s learning progress and request by an external provider
Session: the 50-minute period during which the Services are provided to the student/s;

Student: means the child receiving the services;

Terms: means these terms;

2.      Services

The Company will supply a tutor to perform the Group Tutoring. The Company reserves the right to change tutors as it sees fit, without notice.

The Client agrees to provide the Company written details of the requirements of the Student which will be provided to the teacher.

The client must provide written details of any variation to these requirements to the Company.

2.a Feedback to client

The company provides feedback to the client in regard to the academic progress of the participating student. The company does not provide a diagnosis service and is also unable to make any recommendations in relation to learning difficulties or any form of disability.

3.      Payment Terms

The company provides direct deposit or payments through TutorBird as its only arrangement for payment from a client. Additional details including the costs are provided in the Schedule of Fees. The Company may vary the Schedule of Fees by providing the Client with 1 week’s written notice.

Payment is required prior to the commencement of services.

Transaction Fees

Transaction fees incurred as a result of using the Credit card payment service arrangement will be passed onto the Client. For a student enrolled in one session of group tutoring each week (Literacy OR Numeracy), $78 is the amount charged weekly.

Dishonour Fees

When a payment is dishonoured by TutorBird a fee of $5 will be charged to the Client on the next scheduled direct debit payment.

By agreeing to these Terms and Conditions the client makes a commitment to payments for a full term of tutoring on a weekly basis (term duration is according to the Education Queensland calendar). In the event of TutorBird payments being cancelled or not received the client will be issued with an invoice for the remainder of the fees for that term. No refunds are permitted, and payments will continue for the duration of the full term and two weeks written notice, at the end of the school term must be given to cancel the client’s position within the tutoring groups.

Direct Deposit

Full payment is required at least one week prior to the commencement of the service. If payment is not received 24 hours prior to the individual commencement date, tutoring enrolment will be cancelled.

By agreeing to these Terms and Conditions the client makes a commitment to paying for a full term of tutoring up front (term duration is according to the Education Queensland calendar). No refunds are permitted.

4.      The Company’s Obligation

The Company warrants that, in relation to the Services, it has:

1. sighted and holds on record, a copy of the relevant qualifications required by the Tutor to undertake the duties specified, including a current Blue Card;
2. Interviewed the Tutor, assessed the Tutor’s suitability to provide the Services; and
3. the Company will be responsible for the allocation of remuneration to the tutor.

5.    Client Obligations

The Client warrants that it will:

1. provide complete details of the Student’s needs and any special requirements to ensure that the Company can provide the appropriate level of work and grouping for the student;
2. commit to payment for a full term of tutoring (i.e. 10 weeks according to the Education Queensland term calendar).
3. ensure that the student is supervised by a parent or guardian directly before and after each session. The company takes no responsibility or liability for student safety or belongings prior to or after the service.
4. ensure that the Student is ready to commence at the scheduled time and that the Student has all necessary materials for the Session; failure to do so is not the Company’s responsibility or liability; this missed time or session is forfeited
5. not make payment to the Tutor directly;
6. not copy or reproduce any of the resources or share login information for the resourcing materials; and
7. on request, provide feedback to the Company regarding the provision of the Services and the performance of the Tutor.

6.      Offering employment to a Tutor

The business of the Client is providing tutoring services to its Clients. The Company spends considerable time and effort to source its Tutors. The identity of and information about Tutors is part of the intellectual property owned by the Company.

If the Client makes an offer of employment or engagement to a Tutor who has provided Services via this company to the Client at any time in the 12 months prior, the Client agrees to pay to the Company a placement fee being:

• 25% of total Service Fees paid by the Client to the Company relating to the Tutor in the last 12 months; or
• $500 plus GST, whichever is greater.

The Company will forward an invoice upon the offer of employment made by the Client being accepted by the Tutor. The invoice will be payable within 14 days from the date of invoice.

All requests for Services, variations to Services or new Services must be made through the Company.

7.      Work Health & Safety

The Client agrees to notify the Company as soon as practicable upon becoming aware of any health and safety incident. The Company and tutor can take no responsibility or liability for student safety or belongings prior to or after the service as the Client (i.e. parents) are responsible for providing punctual and appropriate supervision.