Write 11+ English like an A* Ninja! Bootcamp Terms and Conditions
1) TERMS OF ENGAGEMENT
1. You are engaging Hampton English Coaching [HEC] as an online tutor to provide tutoring services (Services) on the terms of this agreement as specified in the Schedule to this Agreement.
2.This contract between us will commence on the date you sign this agreement / agree to them during purchase and will continue either until all of the Services have been performed or unless and until terminated by either of us giving 2 weeks notice to the other in writing to the contact address as agreed during purchase.
2. SESSIONS AND CANCELLATION
1. Each appointment at which the Services are provided (Session) will take place online using Zoom(TM) software.
2. You are responsible for your own equipment and ability to log onto the internet. You will ensure that your internet connection, video camera, microphone, and speakers are all fit-for-purpose prior to any online sessions.
3. You may cancel a Session by notice in writing, by email or by telephone to the other and the following cancellation fees will be payable by you.
4. If you cancel a Session then you must pay the following cancellation fees:
- no cancellation fee if you cancel a Session more than 7 days before the start time of the Session; and
- a 50% cancellation fee if you cancel a Session 7 days before the start time of the Session but more than 48 hours before the start time of the Session; and
- 100% cancellation fee if you cancel the Session on or less than 48 hours prior to the start time of the Session.
5. I may cancel a Session by providing notice to you and if I do so, I will re-schedule the Session to the earliest mutually convenient time.
3. DUTIES OF TUTOR
1. I shall provide the Services with due care, skill and ability.
2. Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of tutoring, I do not guarantee any particular results.
4. FEES
1. In consideration of me providing the Services to you, you will agree to pay in advance the full cost of the sessions. This includes the initial bootcamp session, followed by a further number of sessions as agreed at the time of purchase.
2. Subject to clauses 2.4 and 4.3 of this Agreement, I will not be obliged to provide you with any refunds for any reason. If after the initial session you feel that you are unable to continue with the course, you must let me know before the following session and a refund for the entire course will be offered. If by the time of the second session, HEC has not received notification by post, email, or telephone, then no refund will be offered. If you log on for any reason as part of the second or subsequent sessions, no refund will be offered for any reason.
3. If you are purchasing the Services as a consumer (namely you are not purchasing the Services wholly or mainly in the course of a trade, craft, profession or business) then the following applies:
- you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at cassie@hamptonenglishcoaching.com or by using the form of cancellation annexed to this agreement at Annex 1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and
- notwithstanding paragraph 4.3(a) above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in such paragraph and you acknowledge that you will lose your cancellation rights in relation to such digital content; and
- in relation to the provision of any services under this Agreement:
- you hereby request immediate performance of the Agreement and acknowledge that you will lose your right of withdrawal from the Agreement once the service contract is fully performed; and
- if you cancel the Agreement before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
4. If you are not purchasing the Services as a consumer (namely you are purchasing the Services wholly or mainly in the course of a trade, craft, profession or business) the provisions of clause 4.3 above shall not apply.
5. If you contact HEC between scheduled Sessions then HEC may at our discretion provide a brief response to you free of charge. If however HEC consider that more time is needed to deal appropriately with your communication then HEC may either:
- advise you to arrange an additional Session (at the fees set out in Clause 4.1 above); or
- inform you of the time HEC would need to spend in responding to you and the fee which would be payable by you for such a response. HEC will obtain your approval to such fee before incurring any fees.
6. You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Sessions.
7. Without prejudice to any other right or remedy that HEC may have, if you withdraw payment or cancel any online payment agreement, HEC may suspend all Services until payment has been made in full.
8. All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision. This clause is without prejudice to any right to claim for interest under the law, or any such right under this agreement.
5. CONFIDENTIAL INFORMATION
HEC acknowledge that in the course of providing the Services we will have access to Confidential Information. Confidential Information means: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that I obtain in connection with the provision of the Services and (ii) the fact that HEC is providing the Services to you.
1. HEC agree not to (except in the proper course of my duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:
- any use or disclosure authorised by you or required by law;
- any use or disclosure which HEC in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
- any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.
2. As is good practice in tutoring, I undertake coaching and am part of supervision groups. You agree that I may disclose any issues which arise out of the Sessions with my own coach, supervisor and/or supervision group but I agree only to disclose such issues on a general basis and without disclosing your name.
3. You may disclose to third parties such information about the Sessions as you wish.
6. DATA PROTECTION AND INTELLECTUAL PROPERTY
1. You acknowledge that your personal data will be processed by and on behalf of me as part of me providing you with the Services. HEC will use and process your personal data in accordance with our Privacy Notice that you can view below.
2. I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I use within the Sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.
3. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that I use in the Sessions.
4. HEC grant to you a limited, non-exclusive, non-transferable, non-sub licensable, revocable licence to use all or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only.
5. You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions.
7. OBLIGATIONS ON TERMINATION
1. On or before the date of termination of this agreement, you shall immediately pay any unpaid fees or other sums payable under this agreement.
2. Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this agreement, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.
3. Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of this agreement, including the following clauses: clause 5 (Confidential Information), this clause 7, clause 9 (Limitation on liability) and clause 15 (Governing law and jurisdiction).
8. STATUS
The relationship between us will be that of independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.
9. LIMITATION ON LIABILITY
1. Nothing in this Agreement shall limit my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
2. I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement and me providing the Services.
3. My total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the Sessions.
4. If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
5. The provisions of this clause 9 shall survive termination of this agreement.
10. FORCE MAJEURE
I shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.
11. ENTIRE AGREEMENT
You acknowledge and agree that this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent).
12. VARIATION
No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.
13. COUNTERPARTS
This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.
14. THIRD PARTY RIGHTS
1. A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
2. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.
15. GOVERNING LAW AND JURISDICTION
1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
16. INTERPRETATION
1. The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise). Confidential Information: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that I obtain in connection with the provision of the Services and (ii) the fact that I am providing the Services to you.
2. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
Privacy Notice
Please contact us at cassie@hamptonenglishcoaching.com if you have any questions about your privacy or personal data use by Hampton English Coaching [HEC].
You have the right not to have any of your personal information sold. HEC currently does not sell nor does it have any plans to ever sell personal information to any third party. You may email use to specifically request this in writing.
You have certain rights under General Data Protection Regulation [GDPR] if you reside or participate in online tutoring from any European Country. You have the right to be informed about any data HEC collects about you. You have the right to have this data corrected if it is incorrect. You have the right to have this data erased. You have the right to object to the use of this data. You have the right to file a complaint with local authorities if you feel that the data has not been processed in compliance with GDPR.
This website does not collect any information directly. All personal data will be collected by third parties, including Google, Facebook, Zoom, ClickFunnels, and ActiveCampaign. HEC does not have any direct control over these organisation or how they collect data. These third parties may use Cookies. Cookies are a small piece of data or text which contain personal information; namely identifying your computer or mobile device.
During registration, HEC will collect data including your name and email address via a third party application. Your email may be used to send you information about your current or future courses. Such emails should have an 'unsubscribe' link. This link will allow you to have your address removed permanently from any such mailing list. If you are send such correspondence and there is no 'unsubscribe' link, you have the right to email us and ask to be permanently removed from such mailing lists.
If you give HEC your mobile number, we may use this number to send you information about courses and products. You have the right to ask HEC to remove this number from any contact lists or not to use your number for this purpose.
You have the right to revoke your consent for HEC to use your personal data. If you do so, this may significantly affect our ability to use online applications to deliver a service.
This website may link to other website. HEC has no control over the content of these website. They are not subject to our privacy notices.
This website and the bootcamp courses may use personal data of parents of children using third party applications as listed above. These applications clearly state that they will not collect personal data for persons under the age of 13. Personal information from persons under the age of 13 may be discussed as part of online education and tutoring. This information will not be stored, collected, distributed, or displayed in any fashion without the direct consent of the parents concerned. Personal information used in teaching or educational activities will be destroyed as soon as the educational contract or activity has concluded.
The Bootcamp sign-up page collects payment using the ClickFunnel application. HEC does not store any financial personal information of any kind, nor does HEC have any access to this data. ClickFunnel uses third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.
HEC reserves the right to change any part of this privacy notice at any time. If permitted to do so, we will notify users of any specific changes to this privacy agreement.
