1. Definitions

Wherever the following words and expressions appear in these terms and conditions, they have the following meanings:

‘We’, ‘Us’ and ‘Our’
Friendly Tutor Limited, a company having its Registered Office at 4 Cape House, 7 New Road, Kidderminster, DY10 1AF, England.

‘Friendly Tutor’
The business name, trading name, and trading style of Friendly Tutor Limited.

‘You’ and ‘Your’
The customer named on the original Order and all legal successors as recorded in the Account and any user of any Password.

‘Account’
The record, protected by your Password, where we hold, both current and historic, your Personal Data and any Charges or payments due from or paid by you.

‘Admin Password’
The sequence of words or numbers assigned to protect your Account at first order and changed by you or by us on your behalf from time to time.

‘Address’
Your current email and postal address as recorded in your Account.

‘Agreement’
The agreement is between us and you in respect of the Services to which these terms and conditions apply including our current price list.

‘Charges’
The charges payable by You in respect of the Services provided by Friendly Tutor.

‘Minimum Term’
Is the shortest period of time you contract to take our service.

‘Obligations’
You agree not to use any of the services that Friendly Tutor provides or uses, directly or indirectly, to break any applicable law, rule or regulation.

‘Order’
Your written order for the Services on paper, fax or in other electronic format at our sole discretion and subject to these terms and conditions.

‘Services’
Those services as may be made available to you from time to time.

‘Service Charges’
The standing sum payable by you periodically for continued access to the Services.

‘Signed’ and ‘Signing’
For the purposes of the Agreement any Order made electronically shall be deemed signed, and by signing the Order you agree to be bound by the Agreement.

‘Website’
The Internet web site(s) owned and operated by us, including but not limited to https://www.friendlytutor.co.uk.

 

2. General Conditions

1. By using the Services you will be deemed to have accepted this Agreement.

2. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us.

3. It supersedes all understandings or prior agreements whether oral or written, and all representations or other communication between you and us.

4. You may not assign or try to assign any or all of your rights and responsibilities under this Agreement but we may assign all or any of ours without your consent being required.

5. You agree to the disclosure to any regulator, company, debt collection agency, credit reference agency, security agency, or financial institution, of any information relating to this Agreement and your Account or such other disclosure as may be within our Data Protection registration.

6. We agree to protect your data and privacy as set out in our Privacy Policy.

7. You must inform us of any change in the Address by updating your Account promptly.

8. We will address all bills and any notices under this Agreement to the Address.

9. Any bill or notice from us to you shall be deemed served at the Address within 48 hours of either posting or dispatch by Email, the method of transmission being at our sole discretion.

10. Any waiver, concession, or extra time we may allow you is limited to the specific circumstances in which it was given. It does not affect our rights under the Agreement in any other way.

11. This Agreement shall be governed, construed, and shall take effect in accordance with the laws of England. It shall be subject to the jurisdiction of the English Courts.

2.1 Acceptance of Orders

1. We will only be bound by your Order once your Email Address has been validated and any initial Charges have been paid and any due diligence checks have been completed.

2. It is your responsibility to verify that your email mailbox is in proper working order and you must assume the risk of all consequences for errors in sending and receiving email, unless caused by our negligence.

 

3. Your Account

1. We will open an Account in your name in which all Charges will be recorded.

2. Your Account is protected by the Password, which we will provide to you and you may change but must keep secure at all times.

3. According to your Order, we will make the Services available to you as soon as reasonably practicable.

 

4. Password Security

1. You must not reveal your Password to any third party, unless they are acting as your authorised agent.

2. Regardless of the use of your authorised agent, you will remain liable at all times for the operation of the Services under the terms of this Agreement until you request us stop providing you with the Services.

 

5. Minimum Term & Usage

1. The Minimum Term shall be agreed between the tutor and the student and/or the student’s authorised representative, at the point of Order.

 

6. Provision of Services

1. We will use reasonable efforts to make the Services available to you at all times. However, the quality and availability of the Services may be affected by factors outside our control such as fire, flood, land heave and subsidence, physical obstructions, atmospheric conditions, Acts of God, industrial action, default or failure of a third party, or governmental or regulatory intervention. The Services may also be affected by faults with products or services provided by third-party vendors.

2. In all such cases you agree that we cannot be held responsible for such events and that we shall have the right to claim force majeure and be absolved from all liability, except where explicitly stated elsewhere in this Agreement.

6.1 Service Provision

1. The Service may not be available on all networks within the United Kingdom, nor in all other countries and may be restricted to certain areas within those countries where access to the Service is possible.

2. We may vary the technical specification of Service from time to time.

3. We may record or monitor telephone calls between you and us (or our agents) for training, quality control and our lawful business purposes.

4. You are solely responsible for evaluating the accuracy, completeness the value and integrity of goods and services offered by third parties over the Service. We will not be a party to or in any way responsible for any transaction concerning third party goods and services, except in the case of negligence on our part.

6.2 The services are made available to you on the basis that you

1. must give us any information which we may reasonably request.

2. must comply with any reasonable instructions issued by us which concern your use of the Services.

3. must not use or permit anyone else to use the Services:

4. fraudulently, or in connection with a criminal offence, in breach of any law, regulation or statutory duty;

5. to make a call or send a message which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance (including to our staff) or a hoax, in breach of any Rights or privacy or otherwise unlawful;

6. to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003;

7. other than in accordance with acceptable use policies of any connected networks and (if appropriate) any relevant Internet standards;

8. to persistently send automated unsolicited communications.

9. in breach of data protection regulations, including but not limited to, the General Data Protection Regulation (GDPR) and its successor data protection regulations (if any).

10. you provide us with an Address for billing purposes and that you maintain this Address and that you update your Account promptly of any changes to it.

 

7. Charges – What and How You Pay

1. All charges, if applicable, are agreed between Friendly Tutor and You, when you commence using the Service.

2. Prices may be subject to change.

3. You will remain liable for all Charges for the Services provided to You, whether or not used by You.

4. We reserve the right to apply a monthly financial limit for any Usage Charges incurred under your Account.

5. We reserve the right to suspend access to the Services, in whole or in part, if you have insufficient Prepaid Credit to cover the entire call routing or if your monthly billing limit is exceeded.

7.1 Payment

1. Payment is due upon reasonable request.

2. If payment is not made, we may suspend the Services and charge interest on all sums outstanding at the rate of 4{eebdde9fce2d87fcfd03dec10713fbcd37e134af22d533f43a8c46f2978e630a} above the base rate of Barclays Bank plc. The interest rate used shall be that in force on the bill date and will be applied from the bill date until the date of actual payment.

 

8. Liability

1. In the case of death or personal injury caused by negligence on our behalf, Friendly Tutor will accept liability without limitation, where you deal as a consumer (as defined in Section 12, Unfair Contract Terms Act 1977) for any breach by us of any obligation implied by statute to use reasonable skill and care in the provision of the Services.

2. We also accept liability up to a maximum of one thousand pounds for direct physical damage to or loss of property resulting from our negligence.

3. You are required to notify us of any claim as soon as reasonably practicable and in particular, within ten (10) days of you suffering any alleged physical damage to or loss of property. This Section specifies our entire liability (including liability for negligence) to you.

4. Except as provided above, we shall not be liable for any loss, damage or injury to you whatsoever or howsoever whether direct or indirect, consequential or contingent and whether foreseeable or not. In particular we shall not be liable for any financial loss, loss of business, profit, savings, revenue use, or goodwill. All other statutory express, implied, or collateral terms, conditions, or warranties are negated and excluded.

5. We will not be liable to you in any event if we are unable to perform an obligation or provide the Services to you because of any factor outside of our control, including but not limited to Acts of God, industrial action, default or failure of a third party, governmental or regulatory intervention.

6. You are required to indemnify us in respects of any costs or legal fees incurred by us as a result of any breach of this Agreement by you.

 

9. Suspension of Services

1. We reserve the right to suspend any Service provided to you, for whatever reason.

2. You will remain liable for all Charges during the period of the suspension.

 

10. Variation

1. We may vary any of the terms and conditions of this Agreement from time to time including charges if new legislation, statutory instruments, or other governmental or regulatory interventions make it necessary.

2. to use the Service after changes have been posted on our website will mean that you agree to these terms as amended.

 

11. Termination – When the Agreement Ends

11.1. Termination by Us

We may terminate this Agreement in whole or in part immediately if:

1. you do not maintain your current Address.

2. you are in breach of any of the terms of this Agreement and you do not remedy the breach within 7 days of the date of a written notice from us specifying the breach.

3. you make, or offer to make, any arrangement or composition with creditors, or commit any act of bankruptcy, or if any petition or receiving order in bankruptcy is presented or made against you; or if you are a limited company and any resolution to wind up that company is passed, or if a receiver is appointed over the whole or any part of such company’s assets, or if we reasonably anticipate that any such events are imminent (in either case) if you take or suffer similar action on account of debt.

4. we cease to make the Service available for any reason.

5. if we terminate this Agreement for any reason other than (4) above, you must pay all outstanding Charges on your Account, including outstanding Service still within its Minimum Term.

11.2. Termination by You

1. If you terminate this Agreement for any reason you must pay all outstanding Charges on your Account including outstanding Service Charges still within its Minimum Term.

E&OE