Terms of business

1. About these terms

These terms apply when you book tuition or any other education service from Kelden Education Group Ltd("Kelden", "we", "us"), whether you book through Kelden directly or through one of our brands. The education businesses in the group trade under their own names as trading names of Kelden Education Group Ltd. Your contract is with Kelden Education Group Ltd, registered in England and Wales under company number [TODO: company number], registered office [TODO: registered office address line 1], [TODO: town], [TODO: postcode], United Kingdom.

"You" means the person who books and pays for the services, usually a parent or carer, or a school or organisation. "Pupil" means the person receiving the lessons. A brand may give you additional details about its particular service (for example, session lengths and prices). If anything in those details conflicts with these terms, these terms apply unless we agree otherwise in writing.

If you are a consumer, nothing in these terms affects your legal rights under the Consumer Rights Act 2015 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

2. Making a booking

A contract is formed when we confirm your booking in writing (including by email). Before then, you may be asked for information about the pupil's needs so we can match a suitable tutor. You must be 18 or over to book.

3. Our services

We will provide the services with reasonable care and skill, using tutors who have been vetted in line with our safeguarding statement. We will try to keep the same tutor where possible, but may need to change tutor for reasons such as illness or availability. We will tell you if this happens.

Tutoring supports a pupil's learning but we cannot guarantee particular grades, exam results or school admissions, which depend on many factors outside our control.

4. Fees and payment

• Fees are as quoted at the time of booking. [TODO: state whether prices include VAT, or that VAT is not charged because the company is not VAT registered, or that the services are VAT exempt as private tuition, as advised by your accountant.]
• Payment is due [TODO: e.g. in advance of each session / monthly in advance / within 14 days of invoice]. Accepted methods are listed on our payments and billing page.
• Payments are taken by Kelden Education Group Ltd and will appear on your statement under our name.
• We may change our fees by giving you at least [TODO: e.g. 30 days] written notice. If you do not accept the change, you may end the contract before it takes effect without charge.
• If a payment is overdue, we may pause further sessions until it is paid. For business customers, we may charge interest on late payments under the Late Payment of Commercial Debts (Interest) Act 1998.

5. Your right to cancel (consumers)

If you book online, by phone or by email, you have a legal right to cancel within 14 days of the day the contract is formed, without giving a reason. To cancel, tell us clearly in writing, for example by email to hello@keldeneducation.co.uk.

If you ask us to start lessons within the 14-day period, you must pay for any sessions already delivered up to the point you tell us you are cancelling. If the services have been fully delivered within the 14 days at your request, you lose the right to cancel.

We will refund any money due within 14 days of your cancellation, using the original payment method.

6. Cancelling or rescheduling individual sessions

• You may cancel or rearrange a session free of charge with at least [TODO: notice period, e.g. 24 hours] notice.
• Sessions cancelled with less notice, or missed without notice, may be charged in full, because the tutor's time has been reserved. We will use discretion in genuine emergencies.
• If we or the tutor cancel a session, we will offer an alternative time or a full refund for that session.
• If a pupil joins an online session more than [TODO: e.g. 15 minutes] late, the tutor may not be able to extend the session.

7. Ending the contract

After the cancellation period, you may end an ongoing arrangement at any time by giving us [TODO: e.g. 14 days] written notice. Sessions within the notice period may be charged at the usual rate. Any prepaid sessions not delivered by the end of the contract will be refunded.

We may end the contract by written notice if you fail to pay, if you or the pupil behave in a way that is abusive or threatening towards staff or tutors, or if continuing would put a child or tutor at risk. We may also end it with reasonable notice for any other reason, in which case we will refund any prepaid sessions not delivered.

8. Your responsibilities

• Give us accurate information about the pupil, including any needs relevant to their learning or safety.
• For pupils under 18, make sure a responsible adult is present at the premises for in-person lessons in the home, and is available nearby during online lessons.
• Provide a suitable, quiet space with a working internet connection for online lessons.
• Do not record sessions without our agreement.
• Do not engage a tutor introduced by us privately, outside our arrangements, during the contract or for [TODO: e.g. 12 months] after it ends. [TODO: solicitor to confirm this non-solicitation clause and any introduction fee are fair and enforceable against consumers.]

9. Safeguarding

The safety of pupils comes first. Tutors are required to report any safeguarding concern to our Designated Safeguarding Lead, who may need to share information with children's services or the police. Our safeguarding statement forms part of these terms.

10. Our liability

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failure to use reasonable care and skill. We are not responsible for loss that was not foreseeable.

We do not exclude or limit our liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, for fraud, or for breach of your legal rights as a consumer.

For business customers, our total liability under the contract is limited to the fees paid in the 12 months before the event giving rise to the claim, and we are not liable for loss of profit, business or indirect loss.

11. Personal data

We use personal data as described in our privacy policy.

12. Complaints

If you are unhappy with our service, please follow our complaints procedure.

13. General

• We may transfer our rights and obligations under the contract to another company in the group, and will tell you if we do. Your rights will not be reduced.
• We are not responsible for delays or failures caused by events outside our reasonable control.
• If any part of these terms is found to be unenforceable, the rest remains in effect.
• No one other than you and us has any rights under these terms.
• These terms are governed by the law of England and Wales. You can bring proceedings in the courts of England and Wales, or, if you live in Scotland or Northern Ireland, in the courts of your home nation.