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Terms and Conditions

THE PARTIES TO THIS AGREEMENT ARE:


FROG TUTORING, LLC, of 1751 River Run Suite 200, Fort Worth, Texas 76107, telephone (877) 904 0134, e-mail [email protected] (hereinafter referred to as the “Tutor”), and:

Services will be provided to Student through in-person lessons (the “Lessons”), conducted by the individual teachers selected by the Tutor (hereinafter referred to as the “Lesson Tutors”) in its sole discretion.

FEES PAYABLE TO THE TUTOR

FrogTutoring’s current rate plans are subject to the limitations and conditions expressed in the plan. No additional fees shall be charged for preparation time of the Tutors. The fees charged by FrogTutoring may be adjusted from time to time and shall become effective after having given the student thirty (30) days written notice.
Student acknowledges and agrees to pay all costs associated with transacting tutoring business through FrogTutoring. These costs include, but are not limited to, 1) the hourly rate listed, 2) travel fees, if applicable, and 3) cancellation of tutoring sessions as described below.

PAYMENT

FrogTutoring will accept payment by check, credit or debit card. A fee of $35.00 will be charged for any dishonored check. Payment for all lessons included in the plan chosen shall be made in advance. For any additional lessons requested by the student not included in the plan, FrogTutoring shall automatically charge the student. If the payment method on file is no longer valid, FrogTutoring will contact the student via phone call and email to notify the student. Student shall pay such invoices within 14 days of the notification date.

SCHEDULED PAYMENT PLANS

Should a Student terminate the payment plan prior to completion of all scheduled payments, any and all completed sessions and future sessions will be subject to prorated, pay as you go rate to reflect the total amount purchased at time of payment plan termination.

CANCELLATION OF LESSONS BY STUDENT

The student may cancel a lesson by giving at least 24 hours prior notice to the Tutor; if such notice is given, no lesson fees will be incurred. Lessons not cancelled by the student without the required 24 hours notice to the Tutor shall be charged at 50% of the hourly rate. If the student does not arrive or log into the tutoring session within 15 minutes of the session start time logged in the Frog Tutoring website, Student will be charged 100% of the lesson.

CANCELLATION OF LESSONS BY FROGTUTORING OR TUTOR

FrogTutoring or the Tutor may cancel lessons by giving 24 hours prior notice to the Student. Where a lesson was pre-paid, the Tutor shall reschedule the appointment at a time agreeable with both parties, and the Student shall be credited the fee for the missed lesson, if prepaid.

LATE ARRIVAL

Fees are calculated according to the times stipulated in the schedule and no adjustment shall be made for lost time because of late arrival of the Student. Any lost time because of the late arrival of the Tutor shall be compensated for by extending a lesson by mutual agreement and for the amount of time that was lost.

FROG TUTORING TRIAL LESSON

Students who purchase Frog Tutoring’s one hour trial lesson agree to nonrefundable $29.00 deposit. The trial lesson is not to exceed 1 hour in duration and expires within 30 days of purchase. Should student choose to not move forward with Frog Tutoring, student will forfeit access to Tutor and Frog Tutoring properties. Tutors are contracted with Frog Tutoring and are only able to provide tutoring to Frog Tutoring clients. Should student choose to upgrade to a tutoring package 12 (twelve) hour, upgrade must occur within 30 days of purchase of trial lesson in order to deduct $29 from package upgrade. In the event student upgrades 31 days after purchase of trial lesson, student will be financially responsible for entire package amount. All students are limited to 1 trial lesson per household. The purpose of the trial lesson is to allow each household to sample the tutoring services available by Frog Tutoring at a deeply discounted rate. Upon completion of the trial lesson each household will have the opportunity to upgrade to a tutoring package for use at any time, with no date of expiration.

OBLIGATIONS OF FROGTUTORING AND THE TUTOR

  • FrogTutoring and Tutor agree to complete all preparation prior to lessons and to structure lessons to tutor the student effectively.
  • FrogTutoring and Tutor shall keep all information of the Student confidential and shall contact other parties involved in the education of the Student only if given written permission by the Student to do so.
  • FrogTutoring and Tutor shall not assign any obligations under this tutoring contract to a third party not subject to this agreement without the written permission of FrogTutoring, Tutor and Student.
  • FrogTutoring and Tutor shall, at no time, be required or obliged to execute homework, assignments or exams on behalf of the Student.
  • FrogTutoring’s agreement binds the Student and Tutor from conducting tutoring sessions outside of FrogTutoring for 5 years beyond termination of this agreement, which is the completion of the plan purchase.

OBLIGATIONS OF THE STUDENT

  • The Student agrees to assist FrogTutoring and the Tutor in identifying problem areas in which the student needs specific tutoring.
  • The Student agrees that assignments, exercises or homework form an integral part of tutoring and agree to complete such work in a timely manner.
  • Student shall not request the tutor to complete for them any assignment or execute any exam on their behalf which is in direct violation of Academic Ethics as outlined by school guidelines.

Privacy of Data

All personal data entered into Frog Tutoring by Licensee, its employees and administrators is Licensee's property and subject to Licensee's responsibility.

The Licensor will process personal data on behalf of the Licensee, and in accordance with the Data Processing Agreement signed by the Licensor and Licensee .

INTELLECTUAL PROPERTY

The Student agrees not to discuss salary information or lesson fees with the Tutors. By purchasing tutoring services through FrogTutoring, Student agrees to not directly or indirectly compete with FrogTutoring and its successors, both during the period of Tutor use and for a period of one year following termination of this tutoring agreement by any of the following methods:

  1. Offering Tutors any tutoring or related work outside of this agreement.
  2. Offering to pay Tutors directly or indirectly through means outside of FrogTutoring for the Tutor to work outside FrogTutoring’s business.
  3. Referring Tutors to other potential clients who intend to hire Tutor outside of FrogTutoring’s business, or Any other direct or indirect propositioning of Tutors to do any work outside of FrogTutoring’s business.

NO WARRANTIES

FrogTutoring makes no promises or warranties with regards to the Student’s performance as a result of any tutoring provided.

TERMINATION

The Student may terminate their contract by providing written notice to FrogTutoring, and FrogTutoring shall refund the remaining balance to any Student if requested in writing within 30 days of the original purchase. This is applicable to tutoring packages in the amount of 12 or more hours. In the event of contract termination, The Student will forfeit any specials applied at the time of purchase and lessons already provided will be assessed at a prorated rate based upon the number of hours used, which will be subtracted from any prepayment provided to FrogTutoring.. A termination of contract does not terminate any amounts owed by the Student to FrogTutoring.

WAIVER OF TERMS

No relaxation, indulgence, waiver or release by any party of any of the rights in the 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.

WHOLE AGREEMENT

This agreement constitutes the entire understanding between all the parties with regard to the subject matter hereof and the parties waive the right to rely on alleged expressed or implied provision not contained herein. Any alteration to this agreement must be in writing and signed by FrogTutoring and The Student.

LIABILITY

The Student understands that tutorial lessons will be received from Tutors who are independently contracted to, and are not employees of, FrogTutoring, as such. Student waives and forever releases FrogTutoring from any claims or damages which may result from actions or events outside the scope of this agreement, including but not limited to injuries, emotional damages, physical harm, and all other consequential and special damages.

CHOICE OF LAW

Student agrees that the laws of Texas will govern the validity, interpretation, and effect of this Agreement, as well as any other disputes arising out of or relating to the contract between Student and FrogTutoring.

JURISDICTION AND VENUE

Student and FrogTutoring agree to have all disputes arising out of this Agreement resolved in the courts of Tarrant County, Texas. FrogTutoring and Student hereby consent to jurisdiction in said court(s). FrogTutoring and Student hereby waive all questions of personal jurisdiction and venue of such courts, including, without limitation, the claim or defense that such court(s) constitute an inconvenient forum.

MINORS

Where the Student is a legal minor, the Parent/Guardian shall enter into this tutoring contract on behalf of the Student and shall accept and agree to all the terms and conditions contained herein on behalf of the Student.

REFUND

Tutor Satisfaction: For purchases twelve (12) hours or greater, FrogTutoring will credit the FrogTutoring account if the Student is not satisfied with their first (1st) tutoring lesson and assign a new tutor to work with the Student at no additional cost.

Cancellation: FrogTutoring will refund the Student’s unused credit within thirty (30) days from the date of the first payment at a prorated rate based upon the Student’s tutoring plan for plans twelve (12) tutoring hours or larger, however; the payment plan cannot be canceled after 30 days from the date of the Student’s first payment. The Pay As You Go Plan is defined as a purchase for less than twelve (12) hours of tutoring services. Should the Student have purchased less than twelve (12) hours, those hours will only be refunded in the event a tutor was not provided within thirty (30) days from the date of the original purchase. Also, no further notification will be provided to the Student before the installment payments are debited from Student’s credit or debit card. It should be noted that any free tutoring credits are not subject to a refund and will be forfeited at time of request for refund.

End of Installment Payment Plan: The Student will be notified via email once the student’s tutoring credit is getting low and the student will have the option to renew their payment plan, transition to pay per session or suspend tutoring. If the Student chooses not to renew the payment plan and continues to schedule lessons with the Student's tutor, FrogTutoring will debit the Student’s card for those additional lessons without further notification to the student, but the student’s hourly rate will not change.

Summer Enrichment Programs: Students enrolled in Frog Tutoring’s Summer Enrichment program are responsible for payment in the form of credit or debit card prior to the execution of classes and are bound by the terms listed in the above mentioned “Privacy,” section. Students of FrogTutoring’s Summer Enrichment Program are not eligible for refunds, or above mentioned warranties. FrogTutoring is hereinafter only liable for the execution of Summer Enrichment Program and assumes no liability of the Student’s future passing of classes as a result of FrogTutoring’s Summer Enrichment Program.

Frog Tutoring Pod Learning: Students enrolled in Frog Tutoring’s pod learning programs for Kindergarten through 8th grade are responsible for payment in the form of ONE credit or debit card prior to the execution of classes and are bound by the terms listed in the above mentioned “Privacy,” section. A pod is defined as a group of two or more, but not exceeding 6 students in the same grade receiving instruction at one time. Prior to placement of tutor, a non refundable retainer of $100 will be paid by the client. Once a tutor is placed, the remaining balance for the first month is due within 24 hours of tutor placement. In the event a tutor is not able to be placed within 2 weeks, the retaining fee of $100 shall be refunded to the client. Students of FrogTutoring’s pod learning programs are not eligible for refunds, or above mentioned warranties. FrogTutoring is hereinafter only liable for the execution of pod learning programs and assumes no liability of the Student’s future passing of classes as a result of FrogTutoring’s pod learning programs.

Frog Tutoring Bulk Tutoring Hours: Students enrolled in Frog Tutoring’s bulk tutoring programs for Kindergarten through 12th grade are responsible for payment in the form of credit or debit card prior to the execution of classes and are bound by the terms listed in the above mentioned “Privacy,” section. Bulk tutoring hours are available for use by ONE family seeking 10 or more hours of tutoring weekly. Prior to placement of tutor, a non refundable retainer of $100 will be paid by the client. Once a tutor is placed, the remaining balance for the first month is due within 24 hours of tutor placement. In the event a tutor is not able to be placed within 2 weeks, the retaining fee of $100 shall be refunded to the client. Students of FrogTutoring’s bulk tutoring programs are not eligible for refunds, or above mentioned warranties. FrogTutoring is hereinafter only liable for the execution of bulk tutoring programs and assumes no liability of the Student’s future passing of classes as a result of FrogTutoring’s bulk tutoring programs.

Frog Tutoring Trial Lesson: Students who purchase Frog Tutoring’s one hour trial lesson agree to nonrefundable $29.00 deposit. The trial lesson is not to exceed 1 hour in duration and expires within 30 days of purchase. Should student choose to not move forward with Frog Tutoring, student will forfeit access to Tutor and Frog Tutoring properties. Tutors are contracted with Frog Tutoring and are only able to provide tutoring to Frog Tutoring clients. Should student choose to upgrade to a tutoring package 12 (twelve) hour, upgrade must occur within 30 days of purchase of trial lesson in order to deduct $29 from package upgrade. In the event student upgrades 31 days after purchase of trial lesson, student will be financially responsible for entire package amount. All students are limited to 1 trial lesson per household. The purpose of the trial lesson is to allow each household to sample the tutoring services available by Frog Tutoring at a deeply discounted rate. Upon completion of the trial lesson each household will have the opportunity to upgrade to a tutoring package for use at any time, with no date of expiration.