This Terms of Service Agreement (“Agreement”) is entered into between Stanler Inc. DBA Bullseye Learning (the “Company”), and the Student and Parent and is effective on the date the Parent purchases Services from the Company and/or the first session (the “Effective Date”). The services provided by the Company (“Services”) are all of the services provided by the Company including but not limited to tutoring, homeschool services and camp.1. STUDENT AND PARENT INFORMATION
Parent shall provide complete and accurate information on Student and Services that Parent is seeking for Student. Parent shall be responsible for updating Student and Parent information as changes may occur.2. SERVICES:
The Company shall provide Services to Student for the subjects that Parent may request.
Services shall be provided for Student through the assignment of a Teacher by the Company for each subject area sought by the Student.
Services shall be scheduled at the convenience of Student and Teacher.
Services may be purchased by the hour or by the package.3. FEES AND PAYMENT:
All fees payable for services shall be paid to the Company.
In order to start receiving Services, Parent must have one valid credit card on file on his/her online account.
Payments shall be made monthly (starting the first session and ending 30 days later). For packages, payment is due in advance for the services to be performed each month. There is a 15-day grace period for the payment after which a $20 late fee will be charged to the credit card on file. In most situations, Parent will purchase an Honor Roll or Honor Roll Plus package which is a group of sessions (4 and 8 respectfully) purchased in advance.
For package plans, the card on file will be charged until cancelled.
Parent hereby authorizes Company to charge Parent’s credit card on file for the payment of monthly or hourly services if Parent’s account has been set up for automatic monthly billing for Services.4. CANCELLATION OF LESSONS BY PARENT
The Parent may cancel a lesson by giving at least 24 hours prior notice to the Teacher or School in which case the Teacher and Parent may reschedule the affected lesson at their mutual convenience. A lesson not attended by the Student without giving 24 hours prior notice to the Teacher shall be charged for the FULL SESSION, and this shall be charged on the next month’s services or deducted from the remaining prepaid balance on the Parent’s package at the sole option of the Company. Teacher shall make best efforts to reschedule the missed lesson.5. CANCELLATION OF LESSONS BY TEACHER
The Teacher may cancel lessons by giving 24 hours prior notice to the Parent in which case no fees shall be incurred. Lessons not provided by the Teacher without giving 24 hours prior notice to the Parent shall be rescheduled and shall be half off the charge to the Parent. Any credits in this regard shall be applied to the next month’s services charges.6. LATE ARRIVAL
Fees are calculated according to the times stipulated in the schedule and no adjustment shall be made for time lost because of late arrival by the Student.
Any lost time because of the late arrival of the Teacher shall be compensated for by extending a lesson by mutual agreement and by such amount of time that was lost.7. OBLIGATIONS OF THE TEACHER
The Company and Teacher makes no promises or warranties with regards to a Student's performance as a result of the Services provided.10. SATISFACTION GUARANTEE
Company is committed to full Student and Parent satisfaction with the Services provided by Company.
For Parents who pay by the hour for Services, Company shall guarantee the first hour of lessons provided by a Teacher. If a Parent is unhappy with the Services Provided by the Teacher, the Parent should notify Company in writing within thirty days of the date of purchase with details of why the Parent is unhappy with the Services so that Company may take appropriate action. Company will provide Services from a different Teacher for this first hour lesson as the satisfaction guarantee. The Student must attend at least a one hour lesson for this guarantee to be applicable.
For parents who purchase a package of Services, Company offers a thirty-day satisfaction guarantee. If a Parent is unhappy with the Services Provided by the Teacher, the Parent should notify Company in writing within thirty days of the date of purchase with details of why the Parent is unhappy with the Services so that Company may take appropriate action.
Company may provide Services from a different Teacher to make up for the lessons covered by the guarantee period. The time period coverage for this satisfaction guarantee is thirty days from the date of purchase of the package. The Student must attend at least a single one hour lesson regardless of the package purchased by the Parent in order for this guarantee to be applicable.
Further information regarding the satisfaction guarantee may be found on the Company’s website. This provision shall provide the sole and complete guarantee of the Company and there shall be no other warranty or guarantee for the Services to be provided by Company and the Teacher.11. NON-SOLICIATION
Parent agrees that during the term of this Agreement and for a period of one (1) year following the termination of this Agreement, Parent will not solicit any Company Teacher to provide Services to the Student outside of the Services purchased from Company. Moreover, all Services desired by Parent for the Student shall be contracted for and through Company for any Teacher provided by Company.12. TERMINATION
This Agreement may be terminated by either party at any time by giving the other party at least fourteen days written notice.13. WAIVER
No waiver or release by any party of any of the rights in terms of this agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.14. WHOLE AGREEMENT
This agreement constitutes the entire understanding between the parties with regard to the subject matter thereof and the parties waive the right to rely on any alleged expressed or implied provision not contained herein. Any alteration to this agreement must be in writing and signed by both parties.15. MODIFICATION
There shall be no modification of this Agreement except in writing and signed by both Company and Parent.