PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ENGAGING OUR TUTORING SERVICES. BY CONTINUING TO USE OUR SERVICES, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS.
This TUTORING AGREEMENT is entered into between the Client (as defined below) and the Provider (as defined below) and the date of this tutoring agreement shall be the date on which the Client agrees to the terms and conditions as set out by the tutoring agreement.
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Whereas
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A. The Provider is a fully qualified and licensed teacher;
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B. The Client, as the legal guardian of the Student, intends to engage the Provider to privately tutor the Student in order to supplement, but not replace, the Student’s formal education;
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C. The Client and the Provider therefore intend to enter into this agreement to set out the terms and conditions on which the Provider will provide the Services.
​1. Definitions
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For the purposes of this agreement, the following terms shall have the following meanings:
(a) “Client” means the parent and/or legal guardian of the Student;
(b) "Online Portal” means the Provider’s website being https://www.studystudiomalta.com/
(c) "Provider” means Midja Ameen and/or any other tutor engaged to provide the Services by and on behalf of Study Studio, as the case may be;
(d) “Services” means the tutoring services provided by the Provider to the Student; and
(e) “Student” means the minor child who will be tutored by the Provider and the term “Students” shall be construed accordingly.
​2. Tutoring Services​
2.1 The Client shall pre-book a tutoring session and/or sessions from the Provider’s pre-scheduled timetable sufficiently in advance, and such booking shall be made exclusively via the Online Portal. The Provider reserves the right to refuse entry and/or withhold Services for any Student that attends a tutoring session for which no pre-booking was made in terms of this clause.
2.2 The Client agrees that the scheduling of the timetable shall be at the Provider’s sole discretion and further agrees and understand that pre-bookings for tutoring sessions shall be on a ‘first-come-first-served’ basis and the Provider in no way guarantees the availability of spaces in any one particular tutoring session.
2.3 The Provider agrees to provide personalised Services to the Student.
2.4 The Services shall be offered at the premises of the Provider, or at such other place as the Provider may determine.
2.5 The Services shall be offered in a classroom setting and the Client hereby acknowledges that other students may attend sessions together with the Student;
2.6 The Provider will provide educational materials based on its understanding of what is necessary for the effective execution of the Service.
2.7 The Provider reserves the exclusive right to use its professional judgement and experience in determining the course of studies most appropriate to the Student’s needs and ability; and the Provider shall strive to deliver high-quality instruction and support to enhance the Student's academic progress.
​3. Responsibilities of the Client
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​3.1 The Client shall ensure that the Student arrives at pre-booked tutoring sessions punctually and that the Student shall be prepared with necessary study materials. The Provider reserves the right to exclude any Student from participation in any tutoring sessions where they arrive at an unreasonably late time, to be determined solely by the Provider, if allowing the Student entry would severely disrupt the ongoing tutoring session to the detriment of other students.
3.2 It shall be the sole responsibility of the Client to inform the Provider of any existing health, medical and/or related conditions which the Student may suffer from and which the Provider is required to know of.
3.3 The Client shall be responsible that there are no outside distractions during tutoring sessions either from the Client, another parent and/or guardian. Moreover the Client shall ensure that for the duration of a session, the Student shall not have access to any electronic devices (including, for example, cell phone, tablet, iPod, iPad or otherwise) unless otherwise requested and/or provided by the Provider.
3.4 The Client hereby acknowledges and understands that:
(a) the Student’s active participation, completion of assignments, and open communication are essential for maximising the benefits of the tutoring services;
(b) it is necessary of the Student to participate and to cooperate with and in the activities and services provided to the Student
(c) it is necessary for the Student to be respectful to the Provider and to behave in a respectful manner at all times; and
(d) the Student’s progress and academic improvement depend on personal effort and commitment.
4. Disruptive Behaviour
4.1 In the event that a Student is disrespectful, uncooperative, fails to participate, and/or misbehaves (collectively referred to as “Disruptive Behaviour”), the Provider shall attempt to re-engage, re-direct, or discipline the Student in a safe manner to attempt to correct the Disruptive Behaviour/s exhibited by the Student and further, it is expressly agreed between the Provider and Client that no form of corporal punishment will be used under any circumstances.
4.2 The Provider undertakes to notify the Client as soon as reasonably possible about any Disruptive Behaviour/s.
4.3 In the event of three (3) instances of Disruptive Behaviour caused by a Student in one or more sessions, the Provider shall contact the Client to schedule a meeting with the Client to discuss a plan for correcting Disruptive Behaviour.
4.4 The Provider reserves the right to stop providing Services to a Student in the event of repetitive Disruptive Behaviour.
5. Conduct
​5.1 Respectful Conduct: The Client agrees to treat the Provider with respect, courtesy, and professionalism at all times. Verbal or physical abuse, including but not limited to, threats, harassment, intimidation, or any form of violence, will not be tolerated.
5.2 Zero-Tolerance Policy: The Provider maintains a zero-tolerance policy towards any form of verbal or physical abuse. If the Provider determines, at their sole discretion, that the Client has engaged in such behavior, the Provider reserves the right to take appropriate action, including terminating the contract immediately.
5.3 Communication and conflict resolution: In the event of a disagreement or conflict, the Client and Provider are expected to engage in open and respectful communication to address and resolve the issue. Verbal or physical abuse is never an acceptable means of expressing dissatisfaction or frustration.
5.4 Termination of Services: If the Provider experiences verbal or physical abuse from the Client, the Provider has the right to terminate the Services with immediate effect and discontinue any further services. In such cases, the Client will be responsible for any outstanding fees or charges as per the agreed-upon payment terms.
5.5 No refund policy: If the Provider terminates the Services due to verbal or physical abuse from the Client, no refunds or reimbursements will be provided for any unused or remaining sessions.
5.6 Reporting and legal action: If the Provider experiences any form of verbal or physical abuse, the Provider may choose to report the incident to the appropriate authorities or take legal action as deemed necessary. The Client will be held responsible for any legal or financial consequences resulting from their actions.
6. Payment and Billing
6.1 Fees for the Services shall be levied at the rate set out on the Online Portal, and may be amended from time to time at the Provider’s sole discretion.
6.2 Payment for Services shall be made in advance and shall be paid online through the Online Portal.
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7. Refund Policy
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7.1 All tutoring packages and sessions are non-refundable. By purchasing a package or session, the Client acknowledges and agrees that no refunds, whether full or partial, shall be issued in the event the Client elects not to proceed with the Services for personal or discretionary reasons, whether prior to commencement or during the delivery of the Services. This policy applies regardless of the number of sessions attended or remaining. The Client is encouraged to consider their availability and commitment before purchasing a package or session.
Exceptions to this policy may be made only in exceptional circumstances and solely at the discretion of the Provider.
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​8. Cancellation and Rescheduling
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8.1 The Client agrees to provide at least twelve (12) hours’ notice in case of cancellation or rescheduling of a tutoring session, provided that the Provider may waive this notice requirement in the case of a medical emergency or for any other reason at its sole discretion.
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8.2 The Provider shall, as far as reasonably possible, cancel and/or reschedule tutoring sessions via the Online Portal.
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8.3 Refunds for cancelled sessions shall be at the sole discretion of the Provider. For the avoidance of doubt, by accepting these terms and conditions, the Client agrees that the Provider shall in no way be required to refund fees paid in respect of any session/s cancelled by the Client.
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8.4 No refunds will be given in the event that a Student fails to attend a pre-booked tutoring session without just cause and/or without sufficient notice in terms of the preceding clauses.
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8.5 The Provider reserves the right to cancel and/or reschedule any tutoring session for any justifiable reason, provided that it gives reasonable notice, to the extent possible. The Provider shall refund the Client in full in respect of any session/s which is/are cancelled.
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9. Limitation of Liability
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9.1 The Provider shall not be responsible for any loss or damage to the Student’s personal belongings during tutoring sessions.
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9.2 Role and scope of Services: The Provider provides educational services, guidance, and academic support to the student. The Provider's role is limited to academic instruction and does not include providing medical advice, psychological and otherwise non-educational counselling, diagnosis, or treatment.
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9.3 Health and medical Considerations:
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(a) It is the responsibility of the Client to ensure that the Student is in good health and fit to participate in tutoring sessions.
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(b) The Provider reserves the right to refuse Services to any Student where the Provider is unable to ensure the safety of the said Student.
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(c) In the event that the Client knowingly brings the Student to a tutoring session whilst either is afflicted with a medical condition, illness, or other affliction which could be transmitted to other students, the Provider reserves the right to suspend the said Student’s participation in tutoring sessions for the foreseeable future.
9.4 Assumption of responsibility: The Client acknowledges that they assume full responsibility for the Student's health and well-being during tutoring sessions. The Client understands and acknowledges that the Provider is not a healthcare professional and, therefore, is not responsible for monitoring, diagnosing, or treating any health conditions or injuries that may arise during or as a result of the tutoring sessions.
9.5 Release of liability: The Client hereby releases the Provider from any liability, claims, damages, or losses arising from any health-related issues, injuries, accidents, or adverse reactions experienced by the Student during or as a result of the tutoring sessions. This includes, but is not limited to, physical injuries, allergies, illnesses, or exacerbation of pre-existing health conditions.
9.6 Emergency situations:
(a) In the event of a medical emergency during a tutoring session, the Provider will take reasonable action to seek appropriate medical assistance for the Student. The Client understands that the Provider may not have medical training and will not hold the Provider liable for any actions taken in good faith to address the emergency situation.
(b) The Client further understands that the Provider reserves the right to terminate any tutoring session at the latter’s sole discretion if it determines that an emergency has arisen such that the continuation of tutoring is rendered impossible within reason.
9.7 Communication and consent: The Client agrees to promptly inform the Provider of any relevant health conditions, allergies, or special needs of the student. By engaging the Provider's Services, the Client provides consent for the Provider to act reasonably and responsibly in the event of a health-related situation, including seeking medical assistance if necessary.
9.8 Indemnification: The Client agrees to indemnify and hold the Provider harmless from any claims, demands, or actions, including legal fees, arising from any health damages, injuries, or incidents involving the student during or as a result of the tutoring sessions.
​10. CCTV Footage​
10.1 The Client understands that close circuit television (“CCTV”) cameras will be active on the Study Studio premises before, during, and after tutoring sessions. The Client further understands that, and hereby consents to, the recordation of the Student as part of the general CCTV apparatus.
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10.2 Purpose of CCTV footage: The CCTV footage is intended for security purposes and safety within the classroom environment. It may be used to monitor and record activities to enhance security, prevent theft, maintain order, and ensure the safety of individuals present.
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10.3 Ownership of CCTV Footage: The CCTV footage remains the sole property of the Provider. No transfer of ownership or rights to the CCTV footage is granted to any individual accessing or using the footage.
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10.4 Access and use: Access to the CCTV footage is strictly prohibited without explicit permission from the Provider.
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10.5 Privacy and Data Protection: The collection, storage, and use of the CCTV footage shall comply with applicable privacy laws and regulations. Reasonable measures will be taken to protect the privacy and personal information of individuals present in the classroom. The CCTV footage shall not be used for purposes other than security and safety without appropriate consent or legal justification.
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10.6 Retention period: The CCTV footage will be retained for a reasonable period, as determined by the entity responsible for the CCTV system. The retention period may vary depending on the requirements of applicable laws, regulations, or internal policies. After the retention period, the footage may be securely deleted or destroyed, unless it is required for ongoing investigations or legal proceedings.
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10.7 Access requests and complaints: Under no circumstances will CCTV footage be shown to the Client, unless it is required by law. Individuals who wish to request access to CCTV footage or raise concerns regarding its use should contact the Provider. Proper procedures will be in place to handle such requests and complaints in accordance with applicable laws and regulations.
10.8 Disclaimer of liability: While reasonable efforts will be made to ensure the accuracy and reliability of the CCTV footage, no guarantee or warranty is provided regarding its completeness, accuracy, or suitability for any specific purpose. The entity responsible for the CCTV system shall not be liable for any damages, losses, or claims arising from the access, use, or reliance upon the CCTV footage.
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10.9 Amendments and termination: The entity responsible for the CCTV system reserves the right to amend or modify these terms and conditions at any time without prior notice. In case of termination or decommissioning of the CCTV system, appropriate measures will be taken to securely dispose of the footage and ensure compliance with applicable data protection laws.
11. Release of Student
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The Provider reserves the right to refuse to release the Student at any point during or after the tutoring session to anyone other than the Client, unless expressly instructed by the Client.
12. Amendments and severance
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​12.1 The Provider reserves the right to modify or amend this agreement and/or these terms and conditions at any time for the following reasons: legal compliance, business necessity, Service improvements, correction of errors, technological advancements, and contractual flexibility.
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12.2 The updated Terms and Conditions will be communicated to the Client in writing and will apply to all future tutoring sessions.
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12.3 If any provision or part-provision of this agreement and/or these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement and/or these terms and conditions.
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13. Term and termination
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This agreement shall regulate all Services provided by the Provider and shall terminate automatically once the Provider ceases to provide the Services to the Client and/or the Student.
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14. Governing law and jurisdiction
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This agreement shall be governed by and interpreted in accordance with the laws of Malta and any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the Courts of Malta.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ENGAGING OUR TUTORING SERVICES. BY CONTINUING TO USE OUR SERVICES, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS.
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