Upskillstutor Terms & Conditions

 

  1. Definitions

 

1.1  “Website” means the company Upskillstutor and its website. Any reference to ‘we’, ‘us’, ‘our’, etc. refers to the company Upskillstutor  which is hosted on the domain https://Upskillstutor.com.ng and its subdomains.

1.2 ”User” means a person who uses Upskillstutor Website (whether or not they have registered an account with us).

1.3 “Client” means a User who seeks tutors via our website or by any other means that are connected to Upskillstutor Nigeria.

1.4 “Tutor” is a User who has registered a tutor account on the Website and has listed their services on the website.

1.5 “Service” means a one-to-one tuition, mentoring or self development session or consultations between a Client and a tutor, either once or during a period of time.

1.6 “Platform” means Upskillstutor marketplace Website that is designed to help Clients, Users and Tutors to interact with each other using tools provided by the Website.

1.7 “Booking” means an agreement made on Upskillstutor website between a Client and Tutor to receive and provide services, respectively.

1.8 “Complaint” means a claim by User or a Client that the service provided by a Tutor  falls below the expected standards of the terms and conditions governing them.

1.9 “Review” means any review, comment or rating.

1.10 “Content” means all information of whatever kind (including information, Service Provider listings, profiles, reviews), published, stored or sent on or in connection with our Website.

 

2. Introduction

 

2.1 Upskillstutor is a Website that helps Users find and book private tuition, mentorshing or self-development sessions and other Tutoring services that are listed on the website. Upskillstutor main function is to provide informational services for both Tutors and Clients in order to facilitate their initial contact aiming to meet Tutor with potential Client and vice versa.

2.2 This Website is owned and operated by Upskills OU (private limited company registered in Estonia). Our contact details are specified on the Website.

2.3 These terms and conditions cancel and replace any previous versions.

2.4 By registering on, or using our Website, you agree to be bound by these terms and conditions. (Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our Website in the future.) If you do not wish to be bound by these terms, you should not use the Website.

2.5 Where you communicate on behalf of a company/organisation, you grant that you have the authority to act on behalf of that entity.

2.6 Terms of particular importance may be  capitalised throughout this Terms and Conditions.



3. Upskillstutor Rights & Responsibilities

 

3.1 To help Tutors and Clients meet, by allowing Tutors to advertise their professional skills and  their respective individual Tutor services on Upskillstutor website. Upskillstutor uses this information to provide informational services for both Tutors and Clients in order to facilitate their initial contact aiming to meet Tutor with potential Client and vice versa.

3.2 To maintain a functioning Website, including communication systems and a booking platform.

3.3 To communicate any planned maintenance of the Website or downtime.

3.4 To reasonably endeavour to keep the site free from viruses and worms.

3.5 To reasonably endeavour to check the identity of all Tutors.

3.6 To decide when  Tutors profile is sufficiently complete to be set live and be accessible by other Users.

3.7 To communicate new Bookings, confirmation of Bookings, and Cancellations, to both Clients and Tutors via email, sms and any other communication channels technically available.

3.8 To investigate Complaints to a reasonable degree by promptly informing Users, Clients  and Tutors of issues raised and allowing them to represent themselves by email.

3.9 To take precautions we consider reasonable to protect User’s and Tutor ’s information. Upskillstutor cannot be held liable for unauthorised access to information by Users or Tutors.

3.10 To monitor postings made on the Website and messages sent between Clients and  Tutors. We do so in the hope of helping Users and Tutors meet, but also to stop misuse of the site, as set out in these terms and conditions.

 

4. User responsibilities

 

As defined in this document, a “User” means a person who uses our Website (whether or not registered with us).

 

4.1 Users are responsible for their own security in conjunction with our services, both online and offline.

4.2 Users are solely responsible for the material they post on the Website, including messages sent, and must not post defamatory, offensive or illegal material.

4.3 Users must immediately report any defamatory, offensive or illegal material they view on our Website via email at [email protected]

4.4 Users must exercise their own judgement regarding the accuracy of information provided on the Website. Upskillstutor cannot guarantee that all of the content on the Website is complete, accurate or up-to-date. While Upskillstutor team does it’s best to verify Tutor profiles, Website cannot guarantee and be held liable for any misleading information that Tutors provide.

4.5 Users are responsible for their own internet security when using the Website.

4.6 Users must contact Upskillstutor immediately if they believe their password has been compromised. Users will be responsible for the actions of any interactions conducted in their name until they have notified Upskillstutor.

4.7  Users must not use the Website with the intention of disintermediating Upskillstutor in any way. Users must not promote opportunities or services of any company other than Upskillstutor.

4.8 Users agree to abide by the Privacy Policy provided through the Website.

4.9 Any User who fails to meet these terms and conditions may be barred from using the Website and other related services.

 

5. Cost of services and payment procedure

 

5.1. The tutor is obliged to pay for the services provided by the Website, provided for in clause 2.1. of this Offer.

5.2. Payment for the Website services is made on the basis of the invoice issued by the Website to a Tutor in his Back Office.

5.3. The cost of services (commission) of the Website is:

5.3.1 The Website commission is equal to the number of lessons a Tutor holds with the Client per week multiplied by the total number of hours taught week of working with a client multiplied by the cost of one hour of lessons with a Tutor (tutor rate), but not less than two hours of lessons .

5.3.2. If the Tutor has received 2 (two) or more orders (various subjects/services) from one Client, then Tutor undertakes to pay the commission to the Website  separately for each of the requests (subjects).

5.3.3. The commission paid by the Tutor in favor of the Contractor is calculated at the rate specified in the Tutor profile, at the moment of the Client’s first contact with the Tutor.

5.3.4. In cases when Client and Tutor have agreed to reduce the hourly rate, the commission is calculated at the rate that was specified by Tutor in a personal profile on the Website at the time of the Client’s first contact with the Tutor.

5.4. The invoice for the Contractor’s services is formed on the basis of the report of the Tutor on the results of conducting the relevant lesson with the Client, as well as on the basis of information received by the Website from the Client in accordance with clause 4.3.8 of this Offer with which the Tutor conducted the lessons. Website reserves the right to invoice solely on the basis of reliable information received from the Client.

5.5. Payment for the Website services is made by the Tutor on the following dates:

5.5.1 Within 5 (five) days from the moment of issuing an invoice to pay for the services of the Website, if it is held from 1 (one) to 2 (two) lessons per week with the Client.

5.5.2 Within 7 (seven) days from the moment of invoice for payment of services of the Website, if conducted from 3 (three) lessons per week with the Client.

5.6 Payment for services of the Website is made by means specified on the Website in the back office of the Tutor. Tutor is obliged to inform about the fact of payment and the method of payment to the Website administration, if an alternative method of payment was used from that presented in the Back Office of the Tutor (if agreed with the Administration of the Website).

5.7. If to pay Commission of the Website in the period stipulated in paragraphs 5.5-5.5.2 of this Offer, it is impossible for reasons beyond the control of the Tutor, the Tutor must inform the Administration about this by phone or by using the Back Office.

5.8. If the Tutor does not pay for valid reasons of the Website services within 2 (two) weeks from the date of the invoice, then the Administration has the right to unilaterally refuse to provide services that are the subject of this Offer.

5.9. The Website administration has the right to suspend the provision of services to the Tutor, provided for in paragraph 2.1. of this Offer, unilaterally, if the Tutor did not promptly notify the Website administration of the impossibility of making payment for the services of the Contractor, did not provide significant explanations of the impossibility of making the payment of services of the Contractor.

5.10. In cases where the number of classes (breaks in the scheduled classes) of the Tutor with the Client (successfully held from one to five classes inclusive of the long-term course), the cost of the Contractor’s services may be recalculated in accordance with clauses 5.10.1-5.10.2:

5.10.1. One to two classes were successfully held - the Website commission amounts to 50% of the amount of Tutor income from one class with such a Client (the rate multiplied by the number of hours per lesson).

5.10.2. From three to five classes were successfully held - the Website commission amounts to 20% of the amount of the Tutor's income received from the classes conducted with such a Client (the rate multiplied by the number of hours per lesson and multiplied by the number of classes).

5.10.3 If it is established that the Client’s refusal from further lessons with the Tutor took place solely on the initiative or fault of the Tutor, then the Tutor is deprived of the opportunity to recalculate the commission paid to the Website in accordance with clauses 5.10.1 and 5.10.2.

5.11. The funds to be returned based on the recalculation of the commission due to be paid to the Website (in accordance with paragraphs 5.9–5.9.2) are deposited exclusively on the balance of the Tutor's wallet in the Back Office on the Website.

5.11.1. Refund of funds to the tutor to the current account, bank card, cash, using any other financial instrument is possible if requested in the written from to [email protected]stutor.com.ng

5.12. The period during which requests for recalculation of the commission paid by the Tutor in favor of the Website are accepted is not more than 14 (fourteen) days from the date of the first class held with the client.

5.13. The tutor is solely responsible for the correctness of the payments made, including when using payment methods that are indicated on the Website at the Tutor Back Office.

5.14. Upon termination of the Agreement (for any reason) the funds paid by the Tutor as a prepayment to the personal internal Wallet (or charged to the wallet balance after recalculation of the Contractor’s commission) in the Back Office on the Website may be refunded to the current account from which payment was made.

 

 

6. Client responsibilities

 

As defined in this document, a “Client” means a User who has registered a Client account on the Website.

 

6.1 Upskillstutor takes no responsibility for the actions of Users or Tutor and their interaction on the Website, which is only a Platform.

6.2 Users must be 18 years old to book aTutor  for themselves, or be represented by a parent or legal guardian who gives consent for them to receive tuition, mentoring and self-development services. Users must ensure that all of their personal details and contact information are accurate and up-to-date. Upskillstutor is not responsible for any dispute regarding parental consent.

6.3 Users have up to 24 hours before their first Lesson with a new Tutor  is due to commence to confirm the booking.

6.4 When a booking is confirmed, Users enter directly into a contract with the Tutor . The terms and conditions within this document cover all interaction between the Users, Clients and Tutors .

6.5 When a confirmed booking exists, Users and Clients must ensure proper communication with the Tutors to discuss any changes to the booking, future bookings and cancellations.

6.6  Users agree that there will be no attempts to disintermediate Upskillstutor in any way, either at the time of booking or at any point in future and that all future Services with the Tutor  found through the Website will be booked through Upskillstutor website.

6.7 Users and Clients must ensure that they have given enough information to the Tutor , including their correct address, to allow the meeting to take place. If a meeting is to take place at the User's home, the User must ensure a suitable setting for the meeting. If the agreed service is to take place online, Clients and Users must provide up to date online contact details.

6.8 Users and Clients must use their own judgement about the services of Tutors detailed on the Website. Users are responsible for checking the credentials, expertise, references, qualifications and insurance policies of any Tutors with whom they confirm a booking.

6.9 Users and Clients are responsible for checking that services booked by Tutor  on their behalf are done so correctly and understand they will be informed of these services by email and through the Website only.

6.10 Any User or a Client who fails to meet these Terms and Conditions may be immediately barred from using the Website and related services. Upskillstutor reserves the right to cancel any existing bookings.

 

7. Tutor  responsibilities

 

As defined in this document, “Tutor ” means a User who has registered a Tutor  account on the Website.

 

7.1 Tutors are not employees of Upskillstutor and are solely responsible for their own actions both on and off the Website.

7.2 Tutors  must be at least 18 years old.

7.3 Tutors must be legally entitled to work.

7.4 If Tutor  contacts a User or  a Client who are under age of 18, they must ensure that the party are represented by a parent or legal guardian who gives consent for a User or a Client to receive Tutor services.

7.5 Tutors are responsible for ensuring that the personal information they provide and their personal statements on the Website are accurate and in no way misleading. They must update this information to maintain its accuracy.

7.6 Tutors must disclose any criminal convictions or cautions they may have to Upskillstutor.

7.7 Tutors must use their own judgement about whether they wish to offer their Tutor  services to each individual User or Client. Tutors should take every precaution to ensure that they work in a safe environment and are responsible for their own insurance policies to cover the work they undertake.

7.8 Tutors are responsible for setting their own fee. They must not undercut Upskillstutor and must, therefore, offer a fee which is as good as that offered to other Users. Tutors must not knowingly charge a fee which is not in line with their level of expertise or experience.

7.9 Tutors agree that they will be ranked based on a mixture of profile data, Client ratings and number of services taught. Positive Client ratings, prompt messaging, repeat bookings and a greater amount of services taught will contribute to Tutors being ranked higher on our search engine results.

7.10 Tutors should confirm bookings and respond to messages received from Upskillstutor and Users or Clients promptly.

7.11 Any services given to a User/Client found via Upskillstutor must be done using the Upskillstutor website. Tutors should make no attempts to solicit Users or disintermediate Upskillstutor in any way, either at the time of booking or at any point in future.

7.12 If Tutor fails to deliver booked services, they will be liable to repay any funds received prior to delivering services.

7.13 Tutors must not complete coursework, or any similar assignments that might result in academic offence on behalf of Clients.

7.14 Tutors must ensure that all written communication with Users takes place on the Website before the booking is confirmed by Upskillstutor.

7.15 Tutors shall indemnify Upskillstutor for all claims and liabilities arising out of any use by the Tutors  of the Website, including costs and expenses incurred.

7.16 Any Tutor who fails to meet these Terms and Conditions may be immediately barred from using the Website and related services. Upskillstutor reserves the right to cancel any existing bookings, at any time.



8. Complaints

 

As defined in this document, “Complaint” means a claim by User that the service provided by Tutor  falls below the expected standards of the terms and conditions governing them.

 

8.1 If a User  wishes to make a Complaint, they must contact Upskillstutor within 48 hours of the scheduled finish time of a Service booked.

8.2 Upskillstutor will contact the Tutor  to inform them of a Complaint being raised and seek to ensure the highest level of service is provided.

 

9. Disclaimers and Limitation of Liability

 

9.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for anything which may not legally be excluded or limited.

9.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

9.3 If you are a User or a Client, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

  • there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

  • such loss or damage was not reasonably foreseeable by both parties;

  • such loss or damage is caused by you, for example by not complying with this agreement;

9.4 If you are a User, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Website (subject of course to our obligation to mitigate any losses).

9.5 The following clauses apply only if you are not a Client:

  • To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.

  • Our liability of any kind (including our own negligence) with respect to our Website for any one event or series of related events is limited to 50,000NGR or the total fees payable by you in the 12 months before the event(s) complained of, whichever is higher.

  • In no event (including our own negligence) will we be liable for any:

    • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

    • loss of goodwill or reputation;

    • special, indirect or consequential losses or damage to or loss of data (even if we have been advised of the possibility of such losses).

  • You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Website and/or breach of this agreement.

  • This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

 

10. Tutor  Property

 

10.1 When submitting material to Tutor, Users and Tutors also grant a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material to allow Upskillstutor perform its function described under section 3 of this Terms and Conditions.

 

11. Changes to the terms and conditions

 

11.1 We may change these terms and conditions by posting the revised version on our Website at least 14 days before they become effective. Please check our Website from time to time. You will be bound by the revised agreement, if you continue to use our Website or the Services following the effective date shown.