Terms of Service - Tecnis Academy

General Terms of Subscription

Tecnis Academy Limited (company no. 10607672) | Address: 55 West Street, Sittingbourne Kent, ME10 1AN Email: admissions@tecnisacademy.com | WhatsApp: +44 7792 834 542 | Landline: +44 1795 358 030

Private Tuition Terms of Subscription version 2 updated June 2024

TABLE OF CONTENTS

1 GENERAL INFORMATION …………………………………………………………………………………………3

2 ABOUT TECNIS ACADEMY ……………………………………………………………………………………….4

3 PRE-CONTRACT INFORMATION……………………………………………………………………………….4

4 PRIVACY POLICY …………………………………………………………………………………………………….4

5 PARENTS AND CARERS…………………………………………………………………………………………..4

6 ABOUT YOUR SUBSCRIPTION………………………………………………………………………………….5

7 SERVICE USER POLICY …………………………………………………………………………………………..5

8 AUTO-RENEWAL ……………………………………………………………………………………………………..6

9 COOLING-OFF PERIOD…………………………………………………………………………………………….6

10 ABOUT OUR TUITION……………………………………………………………………………………………….6

11 FEES AND PAYMENT……………………………………………………………………………………………….8

12 LIMITATION ON LIABILITY ………………………………………………………………………………………..9

13 SUBSCRIPTION SUSPENSION ………………………………………………………………………………….9

14 YOUR RIGHTS TO END THE SUBSCRIPTION …………………………………………………………….9

15 OUR RIGHTS TO END THE SUBSCRIPTION……………………………………………………………..10

16 REFUNDS………………………………………………………………………………………………………………11

17 INTELLECTUAL PROPERTY RIGHTS ……………………………………………………………………….11

18 COMPLAINTS PROCEDURE ……………………………………………………………………………………11

19 EVENTS BEYOND OUR CONTROL…………………………………………………………………………..11

20 THIRD PARTY RIGHTS……………………………………………………………………………………………12

21 DISPUTES……………………………………………………………………………………………………………..12

Private Tuition Terms of Subscription version 2 updated June 2024

Last updated: June 2024

Welcome to Tecnis Academy’s legal terms of subscription! Please read the following important terms and conditions carefully before you subscribe to any of our programs.

1 GENERAL INFORMATION

1.1 This contract sets out your and our legal rights and responsibilities in relation to the tuition program as well as certain key information required by law. In the UK, the Consumer Rights Act 2015 gives you certain legal rights in relation to the supply of services and nothing in this contract affects your legal rights under this legislation.

1.2 These terms and conditions apply to all subscriptions except for those clients renewing their Long Tuition Programs. The ‘Long Tuition Program’ is our 11-month tuition program that runs from September to July each year. Different terms and conditions apply to Long Tuition Program renewals. For Long Tuition Program renewals, please refer to our ‘Private Tuition Terms of Subscription (Long Tuition Program Renewal)’ document available to view from our website: https://tecnisacademy.com.

1.3 By subscribing for our tuition program, you agree to be legally bound by this contract (whether these terms & conditions are signed by you or not). When subscribing for our tuition program you also agree to be legally bound by the following:

1.3.1 our Service User Policy which governs the conduct of parents and pupils at the academy. A copy of this policy is available to view from our website: https://tecnisacademy.com; and

1.3.2 any changes we may make to these terms and conditions in the future.

If we are changing the terms of this contract, we will write to you to let you know and provide you with at least one month’s advance notice. You can end this contract immediately if you are unhappy with any change we are making to the contract.

1.4 These terms were last updated on 2 June 2024. Please contact us if you need past versions of our terms & conditions.

1.5 This contract is only available in English. No other languages will apply to this contract. In this contract ‘we’, ‘us’ or ‘our’ means Tecnis Academy Limited and ‘you’ or ‘your’ means the person ordering the tuition program.

1.6 If you have any questions about this contract or any order you have placed, please contact us using the contact information in section 2.

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2 ABOUT TECNIS ACADEMY

2.1 Your tuition is supplied by Tecnis Academy. Tecnis Academy is the trading name of Tecnis Academy Limited. We are a company registered in England and Wales under company number 10607672. Our registered office is at 55 West Street; ME10 1AN, Sittingbourne Kent.

2.2 Our email address is admissions@tecnisacademy.com. Our offices are at: 55 West Street; ME10 1AN, Sittingbourne Kent

2.3 You can call us on +44 1795 358 030 or via WhatsApp on +44 7792 834 542. Our telephone lines are open Monday to Friday 12:00-20:00, Saturday 9.30-20:00 and Sunday 10:00-18:00 GMT. Basic call rates apply in the UK.

3 PRE-CONTRACT INFORMATION

3.1 The law states that we must give you certain key information before a legally binding contract between you and us is made. We provide you with a copy of this key information during the consultation process and a further copy is available to view from our website: https://tecnisacademy.com. The key information we give you forms part of this contract and can only be changed if you agree to it.

4 PRIVACY POLICY

4.1 Your personal information is important to us. Any personal information that you provide to us will be handled in line with our Privacy Policy. Our Privacy Policy is available to view from our website: https://tecnisacademy.com.

5 PARENTS AND CARERS

5.1 You cannot subscribe directly to our tuition program if you are under the age of 18 years, or you lack mental capacity because the law states that you are too vulnerable to enter into a contract alone. You will need the help of your parents or carer if you are a vulnerable person.

5.2 All parents and carers confirm that:

5.2.1 they are at least 18 years old,

5.2.2 have parental responsibility or formal guardianship of the pupil being enrolled for the tuition program;

5.2.3 they are not prevented by the terms of any agreement or arrangement from entering into this contract; and

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5.2.4 that all information provided to us with regards to the pupil is complete, up to date and accurate especially any information about SEN.

6 ABOUT YOUR SUBSCRIPTION

6.1 Your subscription starts when we send you the Welcome Email in section 6.2.4 and it ends when the tuition program is complete (unless either one of us ends it early under sections 14 and 15).

6.2 Below, we set out how a legally binding contract between you and us is made (except in the case of an auto-renewal in section 8):

6.2.1 You express an interest in our tuition program;

6.2.2 We provide you with additional information about our programs (via a video conference, telephone call and/or email) including a copy of these terms & conditions;

6.2.3 You pay the first monthly installment as set out in section 11.2 (or in the case of our summer program the entire subscription fee); and

6.2.4 We email you to confirm your successful subscription to our tuition program (Welcome Email). Thereafter, we provide you with instructions on how to access the tuition platform. At this point:

(a) a legally binding contract will be in place between you and us so you should keep a copy of these terms & conditions for your records; and

(b) we will start the tuition unless you have asked us not to during the cooling-off period.

6.3 In exceptional circumstances, we may contact you to say that we do not accept your order. If your order is rejected, we will refund any fees paid by you immediately in accordance with section 16.

7 SERVICE USER POLICY

7.1 We want to ensure that everybody’s experience at the academy is positive, so we have prepared a policy which sets out the rules and behaviors we expect pupils and parents to follow during their time with us. We provide you with a copy of the Service User Policy during the consultation process and a further copy is available to view from our website: https://tecnisacademy.com. The terms of the Service User Policy are incorporated into and form part of this contract. We may update this policy from time to time to improve the program. If we do, we will notify you of the changes.

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8 AUTO-RENEWAL

8.1 Pupils on our Long Tuition Programs, both online and face-to-face are automatically renewed to the next academic year (starting in September) unless you tell us that you do not wish to renew your subscription. We will write to you at least one month ahead of the new program informing you that your pupil will be automatically enrolled for the next academic year (Auto-renewal Email). Please let us know if you do not wish to renew your subscription and your pupil’s details will be removed from our class.

8.2 Auto Renewals represent a new contract between you and us effective from the date of the Auto renewal Email. The new program will start in September, we will confirm the precise start date closer to the time. You will have a new cooling-off period to change your mind as set out in section 8. The cooling-off period will expire 14 days after our Auto-renewal Email rather than the Welcome Email. In the Auto-renewal Email, we will also let you know whether we have made any changes to the current subscription fee and these terms & conditions.

9 COOLING-OFF PERIOD

9.1 You have the right to cancel this contract within 14 days without giving any reason. However, if we supply tuition during the cooling-off period, you will still be required to pay for it if you cancel during the cooling-off period. This is further explained below.

9.2 The cooling-off period expires 14 days after our Welcome Email in section 6.2.4. To exercise your cancellation right, you must write to us requesting cancellation during the cooling-off period. Please use the contact information in section 2.2.

9.3 When you subscribe to the program, you will be given the option to tick a box to request immediate start of the program. By ticking the box, you acknowledge that you will be required to pay for the program if you choose to cancel during the cooling-off period. If you cancel the subscription during the cooling-off period, we will reimburse all fees received from you minus the classes supplied. We will make the reimbursement within 14 days after your cancellation using the same payment method used by you.

10 ABOUT OUR TUITION

10.1 Your subscription is for a place on our tuition program. Since you are paying for a place on our tuition program, our subscription fee is payable for the duration of the program, irrespective of your attendance record. This means that you pay our Subscription Fee in section 11 whether the pupil attends the classes or not and we do not issue refunds or credit notes for missed classes.

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10.2 The tuition program is delivered in a virtual classroom comprising of up to 20 pupils. It is not a one-to-one tuition program. One-to-one classes may be arranged at your request subject to additional fees. Please contact us if you wish to order bespoke tuition services.

10.3 The tuition program will be delivered virtually via conference calls only. There is no face-to-face contact unless we state otherwise. You are responsible for supplying the pupil’s equipment and internet connection. Face-to-face classes may be arranged at your request subject to additional fees. Please contact us if you wish to order bespoke tuition services.

10.4 Your subscription comprises of 1 hour of weekly tuition (or 30 minutes for pre-school pupils and 45 minutes for reception level pupils). Classes typically take place once a week subject to national holidays in the UK. Please note that we do not run classes on national holidays and no replacement classes, credit notes or refunds are offered for those classes that fall on a national holiday. Top-up classes may be arranged at your request subject to additional fees. Please contact us if you wish to order bespoke tuition services.

10.5 Any additional or bespoke tuition you order will be subject to these terms and conditions as well.

10.6 We supply the tuition using the reasonable skill and care required by law (“Professional Standards”). Although we use Professional Standards, we do not guarantee our tuition will produce a specific academic outcome for your pupil because there are numerous factors beyond our control that contribute to a pupil’s academic success (such as the pupils’ physical and mental health and the quality of their mainstream education).

10.7 The tuition program is designed to supplement mainstream education and is not designed to replace mainstream education. We expect pupils to participate fully in mainstream education whilst attending the program.

10.8 Our tuition programs are based broadly on our Indicative Curriculum. During the consultation process we refer you to our Indicative Curriculum so you have an indication of the topics covered in the program. However, further copies are available to view from our website: https://tecnisacademy.com. Please note however that:

10.8.1 We have sole discretion over the content, pace and method of the tuition program and our Indicative Curriculum is merely indicative. We may choose to deviate from it where it is in our pupils’ best interests to do so.

10.8.2 The timing of our syllabus may differ from that of pupils’ schools. This means that topics covered at school may not be simultaneously covered at the academy. Pupils may therefore be introduced to new topics at the academy ahead of their school’s schedule and vice versa. As you may be aware, schools in the UK have autonomy on how and

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when to teach the curriculum so it is not always possible to align the tuition program with various schools’ teaching schedules.

10.9 Our program tutors are qualified to teach the Indicative Curriculum, however, you should be aware that some of them are based outside the United Kingdom. The program may be taught by different tutors from time to time so you may not have the same tutor from start to finish of the program. We have sole discretion over which tutors are assigned to various programs so you cannot select a preferred tutor for your pupil.

10.10 We monitor your pupil’s progress via monthly assessments. Your pupil’s assessment results will be available to view via our tuition platform. This is our main feedback mechanism; we do not generally offer one-to-one feedback sessions. Please contact us if you have any difficulty accessing your pupil’s assessment results.

10.11 Access to academy material is restricted to pupils in our programs. You should never grant access to our platform and/or materials to a non-program member whether intentionally or unintentionally. For instance, siblings cannot sit into sessions in the background unless they are formally enrolled on the program. We may end your subscription immediately (without refund) if we suspect you are abusing the program. We may also seek compensation from you if we suspect you have abused our program in any way.

11 FEES AND PAYMENT

11.1 You agree to pay the subscription fee for your tuition program. The subscription fee for your program is the one advised during the order process in section 6.2 (“Subscription Fee”). All fees are in pounds sterling (£)(GBP) and already include 20% VAT. You must pay our Subscription Fee as set out in this section 11. If you order bespoke tuition services, you agree to pay us any additional fees in accordance with this section as well.

11.2 The Subscription Fee will be split into monthly instalments (except for our summer school program or bespoke services which are payable upfront). We will advise you of your monthly instalments during the order process (“Monthly Instalment”) in section 6.2. The first Monthly Instalment will be pro-rata to reflect the number of days outstanding in the current subscription month and thereafter the normal Monthly Instalments will apply:

11.2.1 For Short tuition programs (less than four months), the Monthly Instalments will be collected during and after the end of the program to ensure the repayments are affordable (except for our summer school program or bespoke services which are payable upfront).

11.2.2 For Long Tuition Programs, both online and face-to-face, the Monthly Instalments will be collected during the term of the program.

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11.3 Subject to section 11.4, the Monthly Instalments are payable in advance. We shall collect the Monthly Instalments via online payments on the 1st calendar day of each month. We shall credit the payment card provided by you unless you indicate otherwise and the receipt shall be issued to the email address provided by you.

11.4 If you subscribe for a program on or after the 25th day of the month, we shall combine your first (pro rata) Monthly Instalment with the second Monthly Instalment to minimize payment administration. This means that your first Monthly Instalment shall be slightly higher than usual because it will be a combination of the first and second Monthly Instalments. In this case, we shall not collect a Monthly Instalment in month two, instead your next Monthly Instalment will be collected in month three.

11.5 If your payment is late, we may charge you interest on the outstanding balance at a rate of four per cent above the Bank of England’s base rate. We will email you to let you know if we intend to do this.

12 LIMITATION ON LIABILITY

12.1 Except in the case of legal responsibility that cannot be excluded in law (such as for death or personal injury) or those arising under data protection law, we shall never be legally responsible to you for any of the following losses:

(a) losses that were not foreseeable to you and us when the contract was formed; (b) losses that were not caused by any breach on our part;

(d) losses to non-consumers.

13 SUBSCRIPTION SUSPENSION

We do not offer a subscription suspension service, so it is not possible to pause your subscription once it has started. You should end your subscription if you do not wish to continue with the tuition. You have the right to end your subscription under certain circumstances, section 14 below sets out those rights.

14 YOUR RIGHTS TO END THE SUBSCRIPTION

14.1 You have the right to end your subscription under certain circumstances. Your right to end your subscription will depend on the length of your subscription, how we are performing and the timing of your termination.

14.2 Cancellation during the Cooling-off Period

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The law states that for most products bought online you have a legal right to change your mind within 14 days of the order. If you cancel your subscription after we have started the tuition, you must pay us the proportion of the fees applicable to the tuition supplied up until the time of your cancellation request. More information about your right of cancellation during the cooling off period is in section 9. If you wish to end your subscription in these circumstances, please email us at admissions@tecnisacademy.com to request a subscription cancellation stating the cooling-off period as the basis of your request.

14.3 Cancellation after the Cooling-off Period

14.3.1 You may end your subscription at any time after the cooling period by providing us with a minimum of three months’ advance notice of your intention to end the subscription. This means that when you request a subscription termination, your subscription will not end immediately. Instead, your subscription will continue to run for three additional months after the end of the current month.

For example, if you tell us you want to end your subscription on 4 March, the minimum three-month notice period will run from the end of March to the end of June. So, we will continue to supply the tuition during the current month (March) plus three further months (April, May and June). You will continue to be responsible for the Monthly Instalments on 1st April, 1st May and 1st June. Your subscription will formally end on 31 June. You will not be charged beyond this point.

14.3.2 If you wish to end your subscription in these circumstances, please email us at admissions@tecnisacademy.com requesting a subscription termination.

14.3.3 When your subscription ends, it will not affect our right to recover any monies owed to us before your subscription ended.

15 OUR RIGHTS TO END THE SUBSCRIPTION

15.1 We are entitled to end your subscription with immediate effect if at any time:

15.1.1 you fail to pay any sum due under this contract by the payment date and the sum remains outstanding despite two written reminders issued to you;

15.1.2 in our reasonable opinion, we do not consider the tuition program is suitable for or in the best interests of the pupil; or

15.1.3 you or the pupil commits a serious or repeated breach or non-observance of any of the provisions of this contract including our Service User Policy (for example, you or the pupil are abusive towards academy staff).

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15.2 We shall write to you via email if we decide to bring your subscription to an end under section 15.1.

15.3 If your subscription is brought to an end under section 15.1 (except for sub-section 15.1.2), we may seek to recover compensation from you for the breach of contract in addition to any outstanding fees.

16 REFUNDS

16.1 You will not be entitled to a refund from us unless:

16.1.1 Your subscription is rejected or brought to an end; In such cases, a 5% processing fee will be deducted from the total amount paid; and

16.1.2 there is an overpayment calculated by deducting the total value of fees paid by you from the total value of tuition supplied by us before your subscription was brought to an end. If there is an overpayment, we shall refund it to you within 14 days from the subscription termination using the payment method used by you.

17 INTELLECTUAL PROPERTY RIGHTS

17.1 During the tuition, we may share educational materials with you such as publications, aids, formulas, checklists and other content owned by us or our licensors. When you use such content, you will not own it. Instead, we give you permission to use it for the purpose of receiving the tuition under this contract. You should not distribute, sell, publish or sublicense the content to any third party or use it for any commercial purpose whatsoever. Tecnis Academy and our licensors shall continue to own all intellectual property rights in or arising out of such content.

18 COMPLAINTS PROCEDURE

18.1 We want to give you the best possible service. However, if at any point you become unhappy or concerned about the service we have provided, you should inform us immediately so we can do our best to resolve the problem. A copy of our Complaints Policy is available from our website: https://tecnisacademy.com.

19 EVENTS BEYOND OUR CONTROL

19.1 We are not liable to you if we fail to comply with these terms & conditions because of circumstances beyond our reasonable control. If the tuition program is affected by events beyond our reasonable control, we will keep you updated with regard to timescales for its resolution. Once the tuition program resumes, we will repeat any cancelled classes (at no additional charge) so pupils receive the full benefit of the program.

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19.2 You may end your subscription immediately if we inform you a program interruption is likely to exceed four continuous weeks or if an interruption exceeds four continuous weeks.

20 THIRD PARTY RIGHTS

20.1 No one other than a party to this contract has any right to enforce any term of this contract. 21 DISPUTES

21.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the services we have provided or any other matter, please contact us as soon as possible.

21.2 The laws of England and Wales applies to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

21.3 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in your local courts.

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