Lesson and Course Terms and Conditions

Standard Terms & Conditions of Sale
Samantha Elliott trading as Armada English

1) Definitions –
“Tutor” means the independent contractor who is engaged to provide either group or 1 to 1 academic Tutoring sessions.
“Customer” means the person or organisation purchasing Tutoring support
“Student” means the person receiving the educational Tutoring.
“Session” means the tutoring time allocated for the provision of the Tutoring Services.

2) Scope – These Terms & Conditions (“the Terms”) shall apply to all quotations, offers and sales made by Samantha Elliott (“Armada English”) to you the customer (the “Customer” or “You” or “Your”) and any purchase orders accepted by Armada English. The Terms shall prevail over all other terms & conditions which the Customer seeks to impose or incorporate either within any communication from the Customer or implied by trade, custom or practice or course of dealing unless otherwise expressly agreed in writing by Armada English.

3) The Contract – By placing an order with Armada English, either registering directly or via their website www.ArmadaEnglish.com the Customer is offering to purchase Tutoring Services from Armada English on the basis of these Terms. The contract shall only be formed when Armada English acknowledges acceptance of the order in writing or the commencement of delivery of the Tutoring Services whichever occurs first. No pricing made available by Armada English shall constitute an offer capable of acceptance and Armada English expressly reserves the right to amend its prices at any time. Any images, drawings or descriptions made available by Armada English in any form or via any medium whatsoever are produced for guidance only and do not constitute part of an offer or part of the contract unless expressly agreed in writing. The Customer is responsible for checking that the terms and details of any order are correct and accurate.

4) Contract Variations –
i. Armada English reserves the right to vary or alter the specifications of its Tutoring Services at any time and without notice unless otherwise agreed in writing with the Customer.
ii. Any contract variation by the Customer must be submitted in writing to Armada English for assessment as to impact on price and delivery. Such variation will not have contractual legal effect until agreed in writing by both parties.

5) The role of Armada English –
i. Armada English offers a one to one tutor service for adults learning English as a foreign language. Online lessons are conducted using Skype and occasionally Zoom. English lessons are either 45 minutes or 1 hour long and the expectation is that the student will be doing 75%+ of the speaking due to the nature of learning a language. The teacher is there to guide the student, direct as necessary and support the student in their learning goals.
ii. Armada English cannot be held responsible for outcomes in student exams or similar and does not guarantee that students will attain any particular learning outcomes, grades or enhanced language abilities as a result of solely learning with a tutor. Armada English recommends learning with a tutor for at least two hours per week alongside regular self-study and practice for students who wish to make good progress.
iii. Armada English offers English language products in the form of courses. These courses can be accessed once payment has been made and the student has created an account with the website. All online courses are non-refundable except in the case of technical difficulties for which Armada English will attempt to rectify any problems or deliver the course in an alternative format (such as personal download or 3rd party hosting) before agreeing to any refund.

6) “Tutoring Services” – Tutoring Services governed by these Terms means any Tutoring Services produced or sourced by Armada English as listed in the order and may include:
i. Standard Tutoring Services – these are part of Armada English’s standard range of Tutoring Services which are available for purchase by all customers and are publicised as being for general sale in company marketing documents and/or on the company website;
ii. Bespoke Tutoring Services – these are non-standard Tutoring Services designed and produced by Armada English to the explicit instructions and requirements of the Customer.

7) Trial Lessons –
i. All new private students must complete a trial lesson. The trial lesson is an opportunity for student and teacher to meet and for the students’ English level to be checked. The trial lesson is 30 minutes long and will end with an agreement on realistic learning goals and potential Armada English courses for the student to sign-up to. If either the student or Armada English do not feel the teacher-student relationship is workable then no further commitment to lessons is required beyond the trial lesson.
ii. The trial lesson is £10 for 30 minutes and is required to be paid at the time of booking. Any trial lessons booked into the online calendar that remain unpaid 24 hours before the lesson start time will be deleted by admin.

8) Pricing and payment–
i. All pricing is quoted as per the website and is inclusive of VAT if applicable and any other applicable taxes or duties which will be charged at the prevailing rate where applicable.
ii. The trial lesson is £10 for 30 minutes and is required to be paid at the time of booking. Any trial lessons booked into the online calendar that remain unpaid 24 hours before the lesson start time will be deleted by admin.
iii. Further lessons are required to be paid at least 24 hours in advance of the lesson start time. Unpaid bookings will be deleted on the day of the lesson.
iv. Discounts are available for block lesson booking; booking more than two lessons per week or for introducing a friend who stays with Armada English for at least two lessons beyond the trial lesson. Ask for more information.
v. Lessons paid for using Armada English’s website appointment booking system (WooCommerce Appointments) will be processed by PayPal as well as any refunds.
vi. Armada English reserves the right to recover any reasonable debt collection costs in connection with this Agreement.
vii. Your remaining hours on the Tutoring plan packages can be transferred to family members or friends and will expire 12 months from the start date of the Tutoring Services.

9) Student Obligations – Where the Student is not the Customer the Customer hereby agrees to ensure that the Student performs the following obligations satisfactorily.
i. Behaviour – Students must at all times behave respectfully and in a way that is appropriate for a learning environment. In the event of the Student engaging in behaviour that is disruptive or threatening the Tutor will terminate the Session, leave the session and no refund will be given. Armada English reserves the right to cancel all further booked hours and terminate the agreed tutoring programme without any refund of fees paid.
ii. Health and wellbeing – it is the Student’s responsibility to inform the Tutor of any medical or health condition which could impair their ability during the Session.
iii. Punctuality – Students are expected to arrive online and be ready for a Skype Session at least 5 minutes before the scheduled start time to ensure that they are ready to start on time
iv. Learning materials – All students will need to have a stable internet connection, a Skype account, webcam and microphone. Most new laptops and devices have webcams and microphones built in but please make sure that your equipment is correctly set-up prior to your trial lesson. You can use the Skype test call to achieve this. It is not recommended that you use a phone for lessons as an element of screen-sharing and document sharing is usual in lessons and a small screen does not enable you to work as efficiently.
v. Homework – the Student may be given homework assignments which must be completed before the next Session. Students should find a quiet place to complete a homework assignment without interruptions.
vi. Preparation for Tutoring sessions – the Student should come to each Session fully prepared and equipped with all homework assignments completed. It is not the Tutor’s responsibility to ensure that homework assignments are completed but if help is needed between Sessions the Tutor will be available to provide help by email.
vii. Electronic devices – all mobile phones must be switched off for the duration of the Session unless there is a specific emergency reason that the tutor has agreed to prior to the start of the Session. Students may not use any audio or video recording devices during the Sessions without the Tutor’s express permission.
viii. Alcohol and Smoking – Students may not smoke or drink alcoholic drinks during the Sessions.

10) Booking and Registration –
i. It is the responsibility of the Customer making the booking to ensure the selected Tutoring plan are appropriate for their needs.
ii. Any changes to the Customer’s or Student’s details must be notified via email.
iii. Armada English does not accept responsibility for registering the Student with an examination board for their exam.
iv. Rights to the use of our portal content is reserved for our Students only. The login details provided by Armada English is restricted to use by the Student being Tutored only.

11) Cancellations of Tutoring sessions –
i. Armada English has a strict 24-hour cancellation policy for all our scheduled Tutoring sessions.
ii. You must call us or give your Tutor 24 hours advance notice to cancel a Tutoring session for all cancellations.
iii. Tutoring sessions cancelled under 24 hours from the start of the scheduled session is due to start will be charged as if it has taken place.
iv. It is your responsibility for arriving on time to your scheduled Tutoring session online;
v. In situations where the Student is late or fails to turn up for one-to-one Tutoring then the Tutor’s waiting time shall be counted as part of the session from the scheduled time up to a maximum of 15 minutes before the session is cancelled without refund;
vi. In the event of a Tutor cancelling or rescheduling a session, then the session will be rescheduled.
vii. All authorised absences may only be compensated in the form of a Tutoring session.
viii. Armada English reserves the right to cancel pre-booked Tutoring packages due to non-payment of fees, more than 3 unauthorised absences on the part of the Student and unacceptable behaviour or misconduct on the part of the Student.
ix. Cancelations or terminations to the plan package will be made in writing via email.
x. Where termination or cancellation of the planned package arises as a result of misconduct on the part of the Student, a full refund will only be applied to the remaining paid Tutoring sessions.
xi. Armada English can terminate any contract governed by these Terms immediately upon written notice to the Customer and suspend any further deliveries if the Customer fails to perform any of its obligations within the contract.

12) Inspection of the Products –
i. It is the Customer’s responsibility to check that either that the delivery of the Tutoring Services complies with the specifications within the contract;
ii. Claims for non-compliance with the Tutoring Services specification will only be accepted if made within 48hrs of delivery unless otherwise agreed in writing.

13) Intellectual Property –
i. All Intellectual Property Rights owned by Armada English or created during the performance of any contract governed by these Terms is and shall remain the property of Armada English. Unless confirmed in writing and signed by an authorised representative of Armada English nothing in the terms of this agreement shall vest any ownership rights in the Customer.
ii. Any unauthorised duplication (other than for personal academic use), publication or distribution of the teaching materials supplied by Armada English is strictly prohibited.

14) Limitation of liability – Armada English limits its liability to the maximum extent permitted by applicable law and we expressly exclude:
i. All representations, warranties and conditions relating to the supply of the Tutoring Services and the use of them including, without limitation, any warranties implied by law in respect of satisfactory quality or fitness for purpose.
ii. Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with use of the Tutoring Services. This includes, but is not limited to, liability in respect of the Customer and/or any 3rd party for: Loss of income or revenue; Loss of profits; Loss of business; Loss of data; Loss of goodwill; Loss of opportunity; Any indirect, consequential or special loss or damage; Wasted management or staff time;

Nothing in this disclaimer will:
i. Limit or exclude your or our liability for death or personal injury resulting from negligence;
ii. Limit or exclude your or our liability for fraud or fraudulent misrepresentation;
iii. Limit any of our liabilities in any way that is not permitted under applicable law;
iv. Exclude any of our liabilities that may not be excluded under applicable law.
Subject to the preceding provisions the limitations and exclusions of liability govern all liabilities arising from the supply of the Products and/or Tutoring Services under contracts governed by these Terms including all liabilities arising in contract, tort (including negligence) and for breach of statutory duty.

15) Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
i. If the Customer is a consumer and if Armada English has agreed your requirements at a face to face meeting away from our premises and the Customer has either confirmed the contract at that meeting or immediately after that meeting or has purchased Tutoring Services from Armada English via an organised distance selling operation then the above Regulations may apply.
ii. Right to cancel: If these Regulations apply, the Customer has the right to cancel the order within 14 days of Armada English receiving the confirmation of order. In order to do so the Customer must cancel the agreement in writing or by email to Armada English. In the case of contracts for service Armada English cannot start to supply the service until the 14 days cancellation period has expired unless we receive a request in writing from the Customer to start the service within the 14 day cancellation period. PLEASE NOTE: In requesting an early start to the service the Customer understands that they may forfeit some or all of their rights to cancel as provided for in the Regulations and that they may be liable for some or all of the costs of service provided.
iii. Armada English shall carry out the agreed Tutoring Services as efficiently as possible, but the nature of the Tutoring Services may mean that we are unlikely to be able to perform the contract within the maximum period of 30 days laid down by the Regulations. PLEASE NOTE: By accepting these terms of business the Customer is agreeing that Armada English need not perform the contract within a maximum of 30 days.

16) Privacy – Neither party will, under any circumstances, share or sell any of the other party’s details or information to any 3rd party without that party’s prior written consent.

17) Waiver – No waiver, by either party, whether implied or express, of any particular provision of these Terms, or of any breach or default of either party, shall constitute either a continuing waiver of such provisions or a waiver of any other provisions of the Terms.

18) Force Majeure – Armada English shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: Acts of God; Outbreak of hostilities, riot, civil disturbance, acts of terrorism; The act of any government or authority (including refusal or revocation of any licence or consent); Fire, explosion, flood, fog or bad weather; Power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles; Default of suppliers or sub-contractors; Theft, malicious damage, strike, lock-out or industrial action of any kind; Any cause or circumstance whatsoever beyond Armada English’s reasonable control

19) Notice – Any notice or communication served during the performance of this agreement shall be sent by hand or by recorded delivery first class post to the following address: Armada English, 19 Osborne Road, Levenshulme, Manchester, M19 2DU, UK.

20) Severability – The provisions of these Terms are severable and if any part thereof is held to be invalid or unenforceable by any court then it will not affect the validity or enforceability of any of the remaining provisions. If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant clause will be deemed to be deleted).

21) Governing Law – Any differences arising between Armada English and the Customer concerning this Agreement or the rights and liabilities within it shall be governed by and interpreted, in all respects, in accordance with the Laws of England. The parties hereby submit to the exclusive jurisdiction of the English Courts.

22) Third Party Rights – A person who is not a party to any contract governed by these Terms (a 3rd Party) shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.

23) Dispute Resolution – The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between representatives of the parties, who have authority to settle such disputes. If the matter is not resolved by negotiation within 30 days of receipt of a written ‘invitation to negotiate’, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure.
If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.

24) Whole Agreement – These Terms governing any contract established with the Customer constitute the entire Agreement between Armada English and the Customer and supersede any and all prior terms whether written or oral. No modification to the Terms or any claimed waiver shall be deemed to be valid unless in writing and signed by authorised representative of Armada English.