TERMS AND CONDITIONS
Evolve Academics provides this Site to users seeking tutoring services (“Students” or “students”) and to users seeking to provide tutoring services (“Tutors” or “tutors”), and to any other entity on whose behalf users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to Students, Tutors or any person or entity who views, uses, accesses, browses or submits any content or material to the Site. The terms “us”, “we” and “our” shall refer to Evolve Academics. These Terms are entered into by and between Evolve Academics and you, and you accept them by: (a) contracting for tutoring lessons through the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.
- TERMS OF TRANSACTING BUSINESS
You understand and agree to comply with Evolve Academics’ payment policies. You agree that you are prepared to pay for any costs associated with our services, which include but are not limited to: (a) transportation fees; (b) venue and location fees; (c) a tutor’s hourly rate as listed on the Site. Under no condition will a refund be offered for services provided by Evolve Academics, unless the service is cancelled by the convenor after payment has been made.
By registering yourself as a 1-on-1 tutor on the Site, you agree to give a one-off payment to Evolve Academics equal to your advertised hourly rate when: (a) a 1-on-1 student has commenced the first lesson with you; (b) you have conducted the 16th lesson in total with the same 1-on-1 student; (c) you have conducted the 31st lesson in total with the same 1-on-1 student; and (d) you have conducted the 46th lesson in total with the same 1-on-1 student.
By registering yourself as a tutor who takes group classes on the Site, you agree to give a one-off payment to Evolve Academics equal to your combined advertised hourly rate from every student in the group when: (a) a group of students has commenced the first lesson with you; (b) you have conducted the 11st lesson in total with a certain group; (c) you have conducted the 21st lesson in total with a certain group; (d) you have conducted the 31st lesson in total with a certain group; and (e) you have conducted the 41st lesson in total with a certain group. The term ‘certain group’ shall refer to a group of students where at least one student remains from the first lesson.
The term “group lesson” shall refer to a standard class taken by a tutor which includes 2 to 6 students. Evolve Academics will assume a lesson is run weekly, unless formal notice is given by 8pm Sunday of a given week. A ‘week’ begins on Monday at 12am and concludes on Sunday at 11:59pm. If a group lesson has an altered number of students in a particular week, this must also be advised by 8pm Sunday, and an average of your fees charged over the 10 weeks of tutoring will be charged to you instead.
Upon formal request, an alternative payment option is available:
For tutors who take on students for occasional 1-on-1 lessons, you agree to give a one-off payment to Evolve Academics equivalent to half your advertised hourly fee when: (a) a 1-on-1 student has commenced the first lesson with you; (b) you have conducted the 6th lesson in total with the same 1-on-1 student; (c) you have conducted the 11th lesson in total with the same 1-on-1 student; (d) you have conducted the 16th lesson in total with the same 1-on-1 student; and (e) you have conducted the 21st lesson in total with the same 1-on-1 student. Management reserves the right to refuse this payment option upon discretion.
For tutors who wish to provide online essay marking services for an advertised fee, you agree that you will give a one-off payment to Evolve Academics equal to the advertised fee charged for one essay when: (a) you have received payment for the first essay you have marked online; (b) you have received payment for the 16th essay you have marked online; (c) you have received payment for the 31st essay you have marked online; and (d) you have received payment for the 46th essay you have marked online.
Tutors will be invoiced as such at each of the times described. These counts shall reset on November 30th of each year (i.e. the number of essays a tutor has marked will be counted as ‘zero’ and the number of lessons a tutor has conducted will be counted as ‘zero’ every November 30th when considering TERMS OF TRANSACTING BUSINESS).
Additionally, students who sign up for online tutoring services agree to give payment to Evolve Academics equal to a tutor’s advertised fee before a lesson is conducted. If a lesson does not reach completion due to connection problems or an issue on the tutor’s side, the remainder of the session time will be added as bonus time for the next lesson. Students are responsible for maintaining a steady internet connection during a lesson.
Tutors who sign up for online tutoring services agree that they will be paid 90% of their advertised fee, with 10% being retained by Evolve Academics as commission. Tutors also agree that all online payment will be done through Evolve Academics and not through themselves.
Evolve Academics will not be held responsible for the quality of the Skype interface or the quality of communications between a student and a tutor using Skype. Skype is a third party communications solution and is in no way the responsibility of Evolve Academics.
Should a student be unable to attend a booked lesson or lessons, that student may reschedule the booked lesson or lessons to any other available time or times with the same tutor at no cost or penalty. Rescheduling must occur at least 24 hours before a scheduled lesson starts, any later than this and it is up to the tutor’s discretion whether they will reschedule the session for you.
If a student cancels a session completely after booking, this will result in a forfeit of any fees paid for booked lesson, and no refund will be issued to the student. Where a tutor explicitly cancels a booked lesson or lessons with a student, or fails to attend a lesson or lessons in their entirety, a refund of lesson fees already paid to the tutor will occur via bank transfer. Mediation of refunds will be done entirely through the individual tutor.
The Site functions a gateway for those seeking tutoring services to connect with those seeking to provide tutoring services. As independent contractors hired by Students, Tutors control the materials provided, the teaching methods and all other aspects of the lessons.
Students are wholly responsible for picking a tutor who is suitable for their needs. When hiring a tutor, Students should review each tutor’s self-reported credentials, education, and experience, as well as reviews from other students.
- OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
- THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Evolve Academics, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Evolve Academics and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
- MODIFICATION AND TERMINATION OF TERMS AND/OR SERVICES
Evolve Academics reserves the right at any time to change, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. Evolve Academics may also remove, or bar access to, all related information and files. Evolve Academics will not be liable to Users or any third-party for any change, suspension, or termination of service, or loss of related information. Evolve Academics may amend these Terms and Conditions at any time by posting the amended terms on this Site.
- ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.