Website Terms of Sale - Online Tuition (Minors) (B2C)

Website Terms of Sale - Online Tuition (Minors) (B2C)

BS.WEB.TCZ.02

These Website Terms of Sale - Online Tuition (Minors) (B2C) are designed for teaching a minor (i.e. any person under 18) whose parent or guardian wishes to have their child tutored in any academic or other subject.

All tutoring under these terms is through the medium of online video streaming of lessons which are live (one way or two way) or recorded (one way). This template provides for use by provider and student of a cloud-based web conferencing platform (such as Zoom) for video streaming.

Since the student will be a minor, the document provides that the agreement to teach him/her is between the tutor and the parent/guardian of the student, not with the student. The template also includes various provisions relevant to the fact that that the student is a minor.

This template does not specify any particular subject to be taught, but it is suitable for teaching any academic subject usually taught in schools in the UK. Specific details about the teaching arrangements are set out in an attachment to the main body of the template. It is not intended for teaching a musical instrument, as to which see the Website Terms of Sale - Online Music Teaching (B2C).

Most of the provisions specifically relating to use of a video streaming platform are in the attachment referred to above. If a platform other than Zoom is to be used, the document can easily be adapted as necessary.

The tutor may be a self-employed individual (sole trader), in which case he/she will contract personally on these terms and conditions with the student’s parent/guardian. However, where the provider is a company or partnership which engages a teacher to provide the tutoring, it (not the teacher) will contract with the parent/guardian.

In each case the parent/guardian will be contracting as a consumer, not a business client.

This document provides for either a single lesson or a series/package of lessons to be purchased. It also provides for text/graphics items relevant to the subject to be downloaded (at any time after any lesson/s have been purchased) without further charge.

Each lesson may be in any one or more of the following video-streamed formats:

(a) Live private one-to-one lesson which only one student can access. It is “two way” so that the teacher and student can see, hear and talk to each other. This lesson can be tailored to the needs of the particular student; or

(b) Pre-recorded teaching lesson capable of being accessed at any time/s by one or more students. Its nature is such that it is a “one way” event with no communication between student and teacher. This allows a student to access the lesson on demand whenever it is convenient to him/her; or

(c) Live “one way” lesson (where no student can communicate with the teacher or any other student). This can be accessed by one or more students at the same time. If the live lesson is also recorded by the teacher, it can then also be made accessible for students as a lesson as outlined at "(b)" above; or

(d) Live group class where a number of students access it at the same time and it is “two way” so that students can, in real time, see, hear, and be seen and heard by the teacher, and, if the teacher permits, each other. (The teacher will probably need to limit the students who can have access on each occasion to a number which is manageable if the teacher needs or expects to have substantial interaction with students during the course of the online lesson).

These Terms of Sale anticipate that everything that the tutor sells on these terms will be via its website, will be digital content, and will be provided online. No tangible items such as books, CDs, or DVDs will be supplied on these terms. For tuition in person at the tutor’s premises or client’s home, not online, please see the Private Tutor (Minors) Agreements.

Under these Terms of Sale, the parent/guardian has to set up an Account before purchasing any lessons. He/she can do so without charge and without committing to purchase any digital content. They can then purchase a Subscription comprising any online lessons offered on your website. So, for example, a Subscription might comprise a particular single live or pre-recorded lesson or a package/series of live and/or pre-recorded lessons. The Terms of Sale provide that each Subscription provides access to a relevant lesson on a specific date (if live) or during a stated period (if pre-recorded). The lessons, dates and periods in each case should be defined on your website in an appropriate place and confirmed in the parent/guardian’s order details.

These Terms of Sale guide the parent/guardian through the order process, explaining the formation of the contract between you and them for the Subscription, also setting out details about the digital content and its availability and provision, pricing, payment and licensing.

Particular attention should be given to content descriptions when selling digital content. This should be reflected in the definition of “Paid Content” and elsewhere in these terms and also in the information available on the website or given to a parent/guardian before they sign up for a Subscription.

Cancellation rights are addressed in detail in the terms, including the 14-day cooling off period granted to consumers under the 2013 Consumer Contracts Regulations.

Further key provisions deal with liability, customer complaints (with reference to complaints handling policies and procedures, templates for which are also available from Simply-Docs), contact information, and data protection.

This template applies only to the sale of digital content, leaving the terms governing the use of the website itself to a separate document.

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

These Website Terms of Sale - Online Tuition (Minors) (B2C) contain the following clauses:

Background

1. Definitions and Interpretation

2. Information About Us

3. Contacting Us

4. Age Restrictions and Consumers only

5. Business Customers

6. Subscriptions, Paid Content, Pricing and Availability

7. Orders – How Contracts are Formed

8. Payment for Subscriptions

9. Provision of Paid Content

10. Licence

11. Problems with Paid Content

12. Cancelling Your Subscription

13. Your Other Rights to End the Contract

14. Our Liability to Consumers

15. Complaints and Feedback

16. How We Use Your Personal Information (Data Protection)

17. Other Important Terms

18. Law and Jurisdiction

Attachment:

1. Use of [Zoom][Other online service delivery platform] web-conferencing platform to access tutoring online

2. The technology that We will be responsible for providing

3. The technology and other items that You will be responsible for providing

4. Scope of what We make available to access

5. Account setup needed

6. Your responsibility for Your Account and its security

7. Your privacy and security on each occasion when Tutoring is accessed

8. Health and Safety

9. Teachers, tutors [and] professional references [and DBS]

10. Scope of Our teaching/tutoring – interactive sessions.

These Website Terms of Sale - Online Tuition (Minors) (B2C) are in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

Once you have purchased access to the appropriate document folder click on the “Download Document” link below. You will be asked what you want to do with the file. It is recommended that you save the document to a location of your choice prior to viewing.

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