These Website Terms of Sale - Online Tuition, Mentoring, Teaching etc
(Adult) (B2C) are designed for a teacher, tutor, instructor, trainer,
mentor, coach or similar ("tutor") to provide expert teaching, coaching,
mentoring, training or instruction services (“tuition”) to an adult client.
All of the tuition under the terms and conditions of this document is
through the medium of online video streaming of sessions which are live
(one way or two way) or recorded (one way).
This template does not specify any particular subject to be taught, but it
is suitable for tuition in a range of subjects, e.g. any general or
particular life skill, or any knowledge, skill, expertise, or qualification
in any business, commercial, professional, technical, IT, academic,
practical, or creative subject etc. There is an attachment to the main body
of the terms and conditions which can be adapted according to the type of
subject to be taught.
This template provides for the use by the tutor and the client of a
cloud-based web conferencing platform (such as Zoom) for video streaming.
Most of the provisions specifically relating to tuition through the use of
a video streaming platform are in the attachment. If a platform other than
Zoom is to be used, the attachment 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
client. However, where the provider is a company or partnership which
engages a tutor to provide the tuition, it will contract with the client.
In each case the client will be contracting as a consumer, not as a
business client.
This document provides for either a single session or a series/package of
sessions to be purchased. It also provides for accompanying text/graphics items to be
downloaded (at any time after any session/s have been purchased) without
further charge.
Each session may be in any one or more of the following video-streamed
formats:
(a) Pre-recorded tuition session capable of being accessed at any time/s by
one or more clients. Its nature is such that it is a “one way” event with
no communication between client and tutor. This allows a client to access
the session on demand whenever it is convenient to him/her; or
(b) Live private one-to-one session which only
one client can access. It is “two way” so that the tutor and client can
see, hear and talk to each other. This session can be tailored to the needs
of the particular client; or
(c) Live “one way” session (where no client can communicate with the tutor
or any other client). This can be accessed by one or more clients at the
same time. If the live session is also recorded by the tutor, it can then
also be made accessible for clients as a session as outlined at “(a) above;
or
(d) Live group class where a number of clients access it at the same time
and it is “two way” so that clients can, in real time, see, hear, and be
seen and heard by the tutor, and, if the tutor permits, each other. (The
tutor will probably need to limit the clients who can have access on each
occasion to a number which is manageable if, during the course of the
session, the tutor needs or expects to have substantial interaction with
clients in the online class).
These Terms of Sale anticipate that everything that the tutor sells on
these terms via its website will be digital content provided online only.
No tangible items such as books, CDs, or DVDs will be supplied on these
terms. This document is only suitable for online tuition. For tuition in
person at the tutor’s premises or client’s home, not online, please see the
Tutor, Instructor, Coach or Mentor (Adults) Agreements.
Under these Terms of Sale, the client has to set up an Account before
purchasing any sessions. He/she can do so without charge and without
committing to purchase any digital content. He/she can then purchase a
Subscription comprising any online sessions offered on your website. So,
for example, a Subscription might comprise a particular single live or
pre-recorded session or a package/series of live and/or pre-recorded
sessions. The Terms of Sale provide that each Subscription provides access
to a relevant session on a specific date (if live) or during a stated
period (if pre-recorded). The sessions, dates and periods in each case
should be defined on your website in an appropriate place and confirmed in
the client’s order details.
These Terms of Sale guide the client 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 client 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, Mentoring, Teaching etc
(Adult) (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 the 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 tuition, instruction, teaching, coaching, training, or
mentoring 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 tuition is accessed
8. Health and Safety
9. Tutors [and professional references]
10. Scope of Our services
11. Your commitment
12. Provision of items by You
These Website Terms of Sale - Online Tuition, Mentoring,
Teaching etc (Adult) (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.