TEACH ME 2 Additional rules and procedures for clients

November 2020

LESSON PACKAGES AND LESSONS

1. Lesson description. The Lesson type (e.g. single Student or group of Students) and Lesson duration (e.g 2 hours) of a Lesson Package purchased are fixed and cannot be modified without the express approval of Teach Me 2, which approval may be withheld if Tutors cannot be sourced for Lesson variations. This is due to Lesson pricing being determined according to Lesson description parameters across the full Lesson Package. The Fees may change due to changes to the Lesson description and Teach Me 2 will provide the Client with an updated invoice in such cases. The Client will be required to accept and pay the updated Fees in accordance with this Agreement in order to secure the updated Lesson description and schedule Lessons.
2. Late arrival by Student. Should the Student arrive late for a Lesson, such Lesson will not be extended and will end at the scheduled time according to the Lesson description. The Client shall make every effort to inform the Tutor of its estimated time of arrival.
3. Late arrival by Tutor. Tutors are obliged to arrive at Lessons on time. However, where the Tutor is late, the Tutor will inform the Client and Teach Me 2 as soon as possible and provide an estimated time of arrival and the actual time of arrival. The Client will be credited with the time that the Tutor was actually late, in increments of 5 (five minutes), which will be redeemable at the Client's election or at the end of the Lesson, taking into account the Tutor's schedule and availability.
4. Confirmation of Lessons. Via the online platform, the tutor will confirm the occurrence of each lesson within 2 weeks of it taking place. The client will be notified via email and should there be an error in the confirmation the client should dispute the lesson notice within 5 days of it being sent in order for the dispute to be resolved. Confirmed lessons left undisputed after 5 days of notification cannot be rescheduled.
5. Additional Lessons. Should the Client need to purchase additional Lessons at certain times, during exam periods for example, the Client and Teach Me 2 will negotiate the Lessons, the applicable Fees and will schedule the Lessons accordingly, taking the Tutor's schedule into account. The Client will be liable for payment of the additional Fees as agreed with Teach Me 2 but may be required to make payment for the additional Lessons upfront. Top up payment for the additional Lessons is required where payment of the Fees for the usual Lessons is done via monthly debit order or recurring billing. The Client acknowledges that the scheduling of the additional Lessons is dependent on the Tutor and that the Client may be required to receive the Lessons from a different Tutor.
6. Changes to Fees. The Fees may change from time to time on 30 (thirty) days' notice. Fee changes will not affect or change Lesson Packages already paid for.

RESCHEDULING OF LESSONS

1. Rescheduling notice requirement. Should the Client wish to reschedule a Lesson, the Client must provide Teach Me 2 with a minimum of 6 (six) business hours' written notice (business hours being the hours between 08h00 and 17h00 on a business day, being Monday to Friday, excluding all official public holidays) ("BusinessHours"), prior to the commencement of the scheduled Lesson to avoid forfeiting the Lesson. For example, a Lesson scheduled for 13h00 on Tuesday should be rescheduled by 16h00 on Monday. The Client acknowledges that it may be liable for the Fees in respect of any Lessons that are scheduled to occur in the case where the Client does not provide adequate notice to Teach Me 2.
2. Repeated rescheduling. The Client acknowledges that repeated rescheduling of Lessons may impact the ability or inclination of a Tutor to complete a Lesson Package and may impact Teach Me 2's ability to timeously substitute a Tutor to complete such Lesson or Lesson Package. Accordingly, if a Tutor withdraws from the Lesson Package and/or the Client's rescheduling causes scheduled Lessons to be postponed, the Client acknowledges and accepts that a refund shall not be warranted on account of any resulting delays in appointing a new Tutor or rescheduling Lessons.
3. Suspension of Lessons. Where the Client has purchased a fixed number of Lessons to occur each month via debit order or recurring billing and needs to postpone the Lessons, Teach Me 2 and the Client will agree to suspend the Lessons for an agreed period and will reschedule the Lessons for a future date, taking into account the Tutor's schedule. The Client must provide Teach Me 2 with 30 days written notice.

TUTORS

1. The Client acknowledges that different Tutors may be sourced by Teach Me 2 to carry out different Lessons if required by the Client or if a sourced Tutor fails to complete the Lessons in a Lesson Package by withdrawing from the Lesson Package.
2. Replacement of Tutors. In the event that the Client is not satisfied with the Lessons provided by a Tutor, Teach Me 2 shall endeavour to replace such Tutor with an alternative Tutor which it deems suitable for the needs of the Student. The Client acknowledges and accepts that in such circumstances, delays may be experienced in sourcing a suitable replacement Tutor and agrees to co-operate with Teach Me 2 where possible to ensure that a new Tutor is appointed efficiently. The Client shall ensure that all replacement requests are made in accordance with the Lesson rescheduling notice requirements in clause 2.1 to avoid any forfeiture of Lessons (i.e. a minimum of 6 Business Hours' notice). The Client acknowledges that it may be liable for the Fees in respect of any Lessons that are scheduled to occur in the case where the Client does not provide adequate notice to Teach Me 2.
3. Withdrawal by Tutor. The Client also acknowledges and accepts that Tutors have the right to withdraw from a particular Lesson Schedule on reasonable notice and for various urgent reasons (including the Tutor's exam or work schedule, legitimate safety concerns, changes to scheduled Lessons, family emergencies, transport problems and illness amongst others) and that Teach Me 2 cannot be held responsible for any reasonable inconvenience caused by such event. Teach Me 2 shall be obliged to source an appropriate replacement Tutor as soon as reasonably possible.
4. Grounds for cancellation or refund. The request by the Client to replace a Tutor or the reasonable withdrawal by the Tutor from a Lesson Package shall not be grounds for cancellation of the Lesson Package or this Agreement and shall not entitle the Client to a refund unless:
   1. Teach Me 2 is unable to propose an alternative Tutor within 30 (thirty) calendar days of the Client's request to replace a Tutor; or
   2. Teach Me 2 is unable to propose an alternative Tutor within 14 (fourteen) calendar days of the withdrawal by the Tutor.
5. Interim measures. When a replacement request is made, or a Tutor withdraws from a Lesson Package, Teach Me 2 will automatically suspend all scheduled Lessons in a Client's Lesson Package. During this period, the Client will not forfeit any Lessons in the Lesson Package.

ACCEPTABLE USE

Client conduct towards Tutors. The Client shall:

1. Make all necessary information available to the Tutor prior to each Lesson that the Tutor may require in order to properly assist the Student during each Lesson;
2. Only use language that is appropriate and not offensive or discriminatory and treat the Tutor fairly and with respect;
3. Ensure that all communications with the Tutor are appropriate and limited to what is relevant for the Lesson;
4. Not discuss any personal matters with the Tutor or rely on the Tutor for any form of counselling;
5. Not make any inappropriate suggestions to the Tutor;
6. Not send any unsolicited communications to the Tutor;
7. Report any dispute or issue, including any inappropriate behaviour or illegal activity, with a Tutor to a Parent and/or Teach Me 2;
8. Where the Student is a minor, ensure that a Parent is present during the Lesson or that the Student is comfortable to continue the Lesson without a Parent being present.

CANCELLATION AND SUSPENSION

1. At any time, and without cause, Teach Me 2 may cancel or suspend the Client's access to and/or use of the Services and cancel any future Lessons in its sole discretion without any liability if the Client is in breach of this Agreement.
2. If any party to this Agreement breaches any material provision or term of this Agreement and fails to remedy such breach within 14 (fourteen) days of receipt of written notice requiring it to do so then the aggrieved party shall be entitled without notice, in addition to any other remedy available to it at law or under this Agreement (including obtaining an interdict), to cancel this Agreement or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party's right to claim damages.