Tutoring Service Agreement
This Tutoring Service Agreement (“Agreement”) outlines the terms and conditions of tutoring services provided by Malongwe Teaches (“Tutor”) and the learner’s, parent, or guardian (“Client”) who engages Malongwe Teaches for such services.
1. Client Information:
Malongwe Teaches collects personal information from clients, including names, contact details, and educational history of learners, in order to provide tutoring services. Tutor will use this information only for the purpose of providing tutoring services and will not sell, rent, or share this information with any third party without Client’s prior consent. Client’s information will be stored securely and will not be retained beyond the duration of the tutoring services provided.
2. Confidentiality:
Tutor and Client agree to keep all information and materials related to the tutoring services confidential. Tutor will not share any information related to the learner’s educational history, progress, or any other information provided by the learner during the course of the tutoring services, except as required by law or with the learner’s prior consent.
3. Tutoring Material:
Tutor will provide Client with all necessary materials, including worksheets and other resources, as part of the tutoring session.
4. Intellectual Property:
Tutor retains ownership of all original materials and resources created by Tutor for Client. These materials and resources are for Client’s personal use only and may not be shared, reproduced, or distributed without Tutor’s prior written consent.
5. Platforms:
Client is responsible for downloading and using any necessary platforms required for tutoring sessions, including but not limited to Microsoft Teams or any other platforms suggested by Tutor.
6. Course Division:
The tutorial course will be divided into Sunday classes, where all clients are present online, and individual client appointments during the week for additional support. The Sunday classes are mandatory for all learners, while the individual appointments are optional and can be scheduled as needed.
7. Maximum number of learners:
Each grade will be divided into groups of no more than 10 learners. This limit is in place to ensure that each learner receives adequate attention and support during Sunday sessions.
9. Code of Conduct:
All participants in the online classes and appointments must abide by a code of conduct, which includes refraining from inappropriate language, harassment, bullying, or discrimination. Violations of the code of conduct may result in immediate removal from the session and may lead to the cancellation of the student’s enrollment, in which case any remaining funds for the sessions will be refunded based on a calculation of the average cost of the sessions.
8. Sunday Classes Start Time:
All Sunday classes will begin at 8:00 AM. Each grade group will have their own specific start time within the 8:00 AM to 3:00 PM timeframe, which will be communicated to the learners by their respective tutor prior to the Sunday classes. Learners are expected to arrive promptly and be ready to begin tutoring sessions at their designated start time.
9. Optional Appointments:
Client may schedule optional online appointments with Tutor for additional support and reinforcement of the material covered in the weekly Sunday classes. These appointments are included in the subscription fee for the chosen course and are available on weekdays. Appointments must be booked at least 24 hours in advance. Client is not entitled to a refund for not booking the optional appointments.
10. Cancellations
10.1 . Sunday Class Attendance and Cancellations:
Sunday classes are mandatory for all learners. Learners have a 15-minute grace period to arrive for Sunday classes. If a learner is more than 15 minutes late, the session will be considered a missed session, and the learner will be subject to the consequences that follow: In the event that a learner misses or cancels a Sunday class for any reason, it remains Client’s responsibility to catch up on the work covered in that class or session. Malongwe Teaches reserves the right to require the learner to attend a make-up session at a later date if deemed necessary, at no additional cost to the learner. No refund or credit will be provided for classes missed or canceled by Client.
10.2. Cancellation of appointments:
Appointments during the week are optional for learners, and can be scheduled at their discretion. However, if an appointment is canceled, the learner will forfeit the time and material that would have been covered during that session. Tutor reserves the right to reschedule the appointment at a later date or time, but will not provide a refund or credit for missed or canceled appointments.
11. Tutor Absence:
Malongwe Teaches will make every effort to ensure that tutors are present for all scheduled sessions. If a tutor is unable to attend a scheduled session, Malongwe Teaches will notify Client as soon as possible and will provide a rescheduled session at a later date.
12. Contract Duration:
The duration of the tutoring services provided by Malongwe Teaches will be valid for the entire academic year of 2025, beginning on the start date agreed upon by Client and Malongwe Teaches in writing, and ending on 30 November. The contract will not be valid during the months of June and December. The contract may be renewed upon agreement by both parties.
13. Payment:
The subscription fee for each course is R950.00 per month. This will be a fixed amount for the duration of the contract. Client may choose to enroll the learner in multiple courses, in which case a separate fee will be charged for each course. Payment is due at the beginning of each month and must be made via electronic funds transfer (EFT) to the following banking details:
Account Name/Holder: Malongwe Teaches
Account Number: 1052064833
Bank: Capitec Business
Branch: 450105
Reference: [Client’s Full Name_MT25]
Proof op payment must be sent as a PDF file to the following email address: mmalongwe@gmail.com.
14. Grace Period:
Tutor will grant Client a grace period of 7 days to catch up on late payment. If Client fails to make the payment within this grace period, Tutor reserves the right to terminate the contract.
15. Termination:
This contract may be terminated by either party at any time by providing at least 21 days written notice to the other party. In the event of termination, any outstanding payments due to Tutor will be paid within 7 days of termination.
16. Limitation of Liability:
Malongwe Teaches shall not be liable to Client or any third party for any indirect, incidental, special, consequential or punitive damages arising out of or relating to the provision of tutoring services, including, but not limited to, lost profits, lost data, or business interruption, even if Malongwe Teaches has been advised of the possibility of such damages.
Furthermore, it is hereby acknowledged that Malongwe Teaches makes no guarantee of success or improvement in the learner’s academic performance. However, Tutor will make every effort to provide the learner with the best possible tutoring services to help them achieve their academic goals. Malongwe Teaches is not responsible for the learner’s grades or performance in any exams, test, or any other form of assessment.
17. Legal Age and Responsibility:
By subscribing to the online tutoring services provided by Malongwe Teaches, the subscriber confirms that they are at least 18 years of age and possess the legal capacity to enter into this agreement. The subscriber agrees to fully understand the terms and conditions of this agreement and accepts full responsibility for their participation in the online classes and appointments.
18. Force Majeure:
Neither party shall be liable for any failure to perform its obligations under this contract if such failure is due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics or other acts of God.
19. Governing Law:
This contract will be governed and construed in accordance with the laws of the Republic of South Africa, including the Electronic Communicatiions and Transactions Act, 2002 (ECA).
20. Agreement:
The above terms and conditions constitute a legally binding agreement between Malongwe Teaches and Client. By subscribing to the tutoring services offered by Malongwe Teaches, the subscriber agrees to abide by all the terms and conditions set forth in this agreement.