Terms of Service

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PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISCLAIMER OF WARRANTY AND A LIMITATION OF LIABILITY CLAUSE.

TABLE OF CONTENTS

  1. What is AGF Tutoring?
  2. What are these Terms of Service?
  3. Definitions
  4. Acceptance of these Terms of Service
  5. Information provided
  6. Disclosure and barring service checks
  7. Complaints
  8. Your conduct
  9. Our rights
  10. Your status
  11. Commencing tutorials
  12. Booking a session
  13. Cancellations, postponements and refunds
  14. Payment & commission rate calculations
  15. Reviews
  16. Intellectual property
  17. Electronic communications
  18. Privacy
  19. No warranty and liability limit
  20. Interruptions and suspension of the website
  21. Indemnity
  22. Disputes
  23. Termination
  24. General
  25. Annex 1. Tutor code of conduct
  1. What is AGF Tutoring?
    1. AGF Tutoring is an innovative online tutoring all-inclusive service accessible at www.agftutoring.com.
       
      AGF Tutoring provides highly personalized exclusive one-on-one tutoring and consulting via a unique bespoke, lightweight, customized in-house videoconferencing platform – the AGF Tutoring platform – for the purposes of optimizing the experience for the tutee/consultee, effectively replicating the context of a physical one-on-one, face-to-face tutorial and/or consulting session.
       
      AGF Tutoring invites prospective students and/or parents to create their own accounts which include specific details with regard to their future academic intentions and/or engage in a preliminary livestream session with a head tutor to discern a student’s needs and/or elucidate a study plan. Pursuant to the creation of an account and/or livestream session, a head tutor returns with a clear study programme and its estimated concomitant fees. The student/parent then decides to proceed with the programme. If the student/parent consents, then s/he is obliged to settle all outstanding fees via a secure online payment before embarking on online sessions. All subsequent sessions are recorded by AGF Tutoring but not by the end user. A prior session may be requested by an end user and delivered free or at a fee, under certain terms and conditions, precluding sharing or distribution.
       
      The tutors who comprise the AGF Tutoring are selected by our in-house experienced academic advisors, enhancing the personalisation, authenticity, seriousness, consistency and quality of the services. A tutor can stipulate his/her availability and his/her hourly rate in his/her AGF Tutoring account. Any individual can apply to become an AGF Tutoring Tutor by submitting an application via the AGF Tutoring website.
       
      AGF Tutoring also comprises a global student network, the AGF Network, that is freely accessible only to former students of AGF Tutoring. This interactive network is accessible via www.agftutoring.com but only with a personal username and password, which are strictly prohibited from distribution or sharing. The AGF Network is a highly effective means for students of all ages and qualifications to interact and network, via a number of live channels within the website itself, with a view to seeking, for instance, employment opportunities or advice as to how to secure a place at a university. If a non-participating individual wishes to join the AGF Network then there is no such facility for that individual to do so.
       
      AGF Tutoring, via its in-house videoconferencing platform, delivers a personalized total education package for a prospective student anywhere, anytime to acquire all requisite examinations for entrance to a university at either undergraduate or postgraduate level in the UK and/or US. Further, AGF Tutoring provides consulting services for university admissions and/or applications.
    2. Tutors are self-employed. AGF Tutoring is not liable for the payment of any tax by the Tutor or on his behalf; nor is AGF Tutoring responsible for any tax advice.

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  2. What are these terms of service?
    1. These Terms of Service set out the terms on which AGF Tutoring offers the Website and the Services.
    2. Please review these Terms of Service carefully and make sure that You understand them before using the Website and/or the Services. If You do not agree to these Terms of Service, You must cease use of the Website and the Services immediately.

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  3. Definitions
    1. “Commission” means the commission payable to You in respect of Sessions at the rate set out in the fees schedule which can be found in Section 14.
    2. “Introductory session” means a 30-minute Session with a Tutor during which the end-user can establish whether or how s/he may proceed with a tutoring programme.
    3. “Services” means all those services provided through the Website by AGF Tutoring. These include the provision of the Website, the content contained therein and the medium through which Tutors can provide Tutor Services. The Services do not include Tutor Services.
    4. “Tutor Services” means all those services provided through the Website by a Tutor. These include the provision of Sessions and all matters related thereto.
    5. “Sessions” means any period of time during which a Tutor is interacting with a Student via the facilities offered through the Website.
    6. “Student” means any end-user of the Tutor Services.
    7. “AGF Tutoring”, “We” and “Us” means AGF Tutoring UK Limited, a limited company incorporated in England and Wales with Registration number 12247821 and registered address at 39-40 Queensgate, London SW7 5HR, England, United Kingdom.
    8. “Tutor”, “Your” and “You” means a user of the Website who has signed up to and acknowledged the Tutor Terms of Service.
    9. “Website” means any website published by AGF Tutoring from time to time including without limitation the website at www.agftutoring.com and its subdomains, any associated social networking profiles and any applications for mobile devices published by AGF Tutoring from time to time.

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  4. Acceptance of these terms of service
    1. By using the Website, You accept and agree to be bound by these Terms of Service.
    2. AGF Tutoring may at any time modify these Terms of Service. We will notify You of any changes to these Terms of Service either by emailing You (at the email address entered by You into the registration form on the Website) and/or by posting a notice on the Website. By continuing to use the Website after changes to these Terms of Service are made and notified to You, You agree to be bound by such changes.
    3. You can review the most current version of our Terms of Service at any time by clicking on the “Tutor Terms of Service” link located at the bottom of the Website. It is Your responsibility to ensure that You are familiar with the current Terms of Service. You are advised to check the above link on a regular basis.

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  5. Information provided
    1. In providing any information, You represent and warrant that all such information is complete, accurate and not misleading.
    2. You further undertake to promptly update such information using the Website in the event that it changes or ceases to be complete, accurate and not misleading.
    3. You acknowledge and agree that both AGF Tutoring and Students are permitted to, and may, rely on the accuracy and completeness of the information provided by You and that any inaccuracy in such information (particularly with reference to Your qualifications and educational experience) may give rise to liability on Your part.

    6.  

  6. Disclosure and barring service checks
    1. AGF Tutoring may in its sole and absolute discretion perform DBS checks itself or may require Tutors to provide such checks to it. By accepting these Terms of Service and/or applying to become a Tutor, You authorise AGF Tutoring to apply for one or more DBS checks, to disclose the results of such DBS checks to its staff and professional advisors and to record and retain any DBS check for its records during such time as You remain a Tutor and for 12 months thereafter.
    2. You acknowledge and agree that AGF Tutoring may in its sole and absolute discretion perform further DBS checks on You from time to time. You undertake to promptly provide any information required by AGF Tutoring to enable it to secure such DBS checks.
    3. You acknowledge and agree that if You are accused, arrested, charged, cautioned or convicted of an offence against the person, a sexual offence or an offence against a child (each a “Relevant Offence”), such event may not be reflected on a DBS check performed on You due to such event not being disclosable, or such event not yet being recorded on the DBS’ record.
    4. You acknowledge and agree that it is not the intention of AGF Tutoring for You to be permitted to act as a Tutor when You have been convicted of a Relevant Offence and AGF Tutoring shall immediately prevent You from acting as a Tutor upon it becoming aware of any such conviction.
    5. You further acknowledge and agree that AGF Tutoring may in its sole and absolute discretion prevent You from acting as a Tutor when You have been accused, arrested, charged or cautioned with a Relevant Offence.
    6. You undertake to promptly notify AGF Tutoring in writing in the event that You are accused, arrested, charged, cautioned or convicted of a Relevant Offence.

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  7. Complaints
    1. Although extremely unlikely, a Tutor may be accused by a Student or (in the case of a minor) a Student’s parent or guardian of inappropriate behaviour towards a Student or other person. This can be extremely distressing and upsetting to the Tutor.
    2. In order to reduce the possibility of this occurring, it is very important that You do not seek to contact, or otherwise communicate or interact with any Student outside of the Website and the software provided therein.
    3. Where a Student or a Student’s parent or guardian does make a complaint of inappropriate behaviour, You must contact AGF Tutoring immediately and must take all reasonable steps to distance Yourself from the Student. This includes not arranging or undertaking any further Sessions with the Student.
    4. AGF Tutoring tries to deal with complaints internally so as to bring a quick conclusion to any complaint. AGF Tutoring deals with all complaints fairly and without prejudice. Notwithstanding the foregoing, AGF Tutoring will take immediate steps to enforce any breach by a Tutor of these Terms of Service.

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  8. Your conduct (see also Annex 1. Tutor Code of Conduct)
    1. You agree and undertake to:
      1. keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password; and
      2. treat any Student tutored by You with respect and to refrain from abusive, racist, homophobic, sexist or defamatory language at all times.
    2. You undertake and agree never to give Your personal contact details to any Student or to request any personal contact details from any Student. This includes Skype (or other online chat) username, telephone number, email address, home address or Facebook (or other social networking account) username. In the event that You request any such information, AGF Tutoring shall be permitted in its sole and absolute discretion to block Your access to the Website and prevent You from acting as a Tutor and may take any such further action as it deems appropriate.
    3. You undertake and agree not to attempt to, or to actually, contact any Student other than through the Website (unless prior written consent is obtained by AGF Tutoring).
    4. You undertake and agree not to request or receive the bank account, PayPal or card details of any Student (or his parent or guardian). Or provide your bank account, PayPal or card details to any Student (or his parent or guardian). You acknowledge that it constitutes a material breach of these Terms of Service to attempt to circumvent AGF Tutoring by receiving payment from or in respect of a Student outside of the Website.
    5. By downloading and/or using the Website, You agree not to:
      1. upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website;
      2. attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
      3. attempt to gain access to secured portions of the Website to which You do not possess access rights;
      4. impersonate any other person while using the Website;
      5. conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
      6. resell or export the software associated with the Website;
      7. use the Website to generate unsolicited advertisements or spam;
      8. use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website; or
      9. interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms of Service.
    6. Any breach of the obligations in this paragraph 5 will lead to the automatic and immediate termination of Your access to the Website.

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  9. Our rights
    1. In providing You with access to the Website, AGF Tutoring reserves the following rights, and in accessing, browsing or otherwise using the Website You grant to AGF Tutoring and agree that AGF Tutoring shall have the following rights:
      1. the right to refuse or withdraw Your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in AGF Tutoring’s sole and absolute discretion You violate or breach any of these Terms of Service;
      2. the right to amend or update the Website, billing methods or these Terms of Service from time to time;
      3. the right to report You to the police or other judicial body if AGF Tutoring believes in its sole and absolute discretion that Your conduct is or may be unlawful; and
      4. the right to remove any Tutor from the Website and prevent any Tutor from providing the Services.
    2. You acknowledge and agree that we will record and/or monitor all sessions that You undertake with a Tutor for the purposes of crime prevention and to ensure that users do not breach any provision of these Terms of Service.
    3. AGF Tutoring will store, use and disclose any recordings we make in accordance with our Privacy Policy which can be found at the bottom of the Website by following the link “Privacy Policy”. As set out in the Privacy Policy, AGF Tutoring may disclose any recording to the police or other appropriate law enforcement agency without Your consent if AGF Tutoring believes in its sole and absolute discretion that You or a Tutor have broken the law.
    4. Recorded sessions are may, at AGF Tutoring’s sole discretion, be forwarded to students at their request for free or for a fee. The Tutor will not be remunerated or compensated for such use of the recorded sessions and by accepting these terms he provides his formal consent to the said use of the recorded sessions.

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  10. Your status
    1. Your relationship with AGF Tutoring will be that of independent contractor and nothing in these Terms of Service shall render You an employee, worker, agent or partner of AGF Tutoring and You shall not hold Yourself out as such.
    2. These Terms of Service constitutes a contract for the provision of services to Students and not a contract of employment with either of AGF Tutoring or any Student and accordingly You shall be fully responsible for and shall indemnify AGF Tutoring for and in respect of:
      1. any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the Tutor Services, where the recovery is not prohibited by law; and
      2. any liability arising from any employment-related claim or any claim based on worker status including for the avoidance of doubt and without limitation any claim based on the Agency Workers Regulations 2010 (including reasonable costs and expenses and any fine imposed on AGF Tutoring) brought by You or by any other person on behalf of You against AGF Tutoring arising out of or in connection with the provision of the Tutor Services.

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  11. Commencing tutorials
    1. In order to start using the Services, a Student must first submit very detailed information using the Website and then either submit that information to Us for reviewing; or, if he does not comprehend what he wants or needs to do he can book a free 30-minute Introductory Session to elucidate and clarify what he wishes to do.
    2. We are the obliged to propose appropriate tutors for the student’s requisite needs. We will propose various tutors and their concomitant fees as well as a detailed study and/or consulting plan.

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  12. Booking a session
    1. When a Student has completed his/her profile and committed himself, he/she may wish to undertake sessions with You.
    2. In order to undertake Sessions, the Student must purchase one or more Sessions through the Website. By purchasing one or more Sessions, the Student enters into a direct contract with You for the provision of the Tutor Services.
    3. The price charged for a Session includes the Fee payable to You, AGF Tutoring’s fee for provision of the Website and any applicable VAT.
    4. Sessions are non-transferable and a Session booked with You can only be used with You. Only in extenuating circumstances, and under prior mutual agreement between the Student and AGF Tutoring, will Sessions be transferable to another Tutor; and if the aforesaid cannot be mutually agreed or undertaken, then any remaining Sessions will be refunded.
    5. In the event that You wish to discontinue any Session or series of Sessions with a Student, You must contact AGF Tutoring. In such circumstances, we may in our sole and absolute discretion refund the Student for any unused Sessions or allocate the Student to another Tutor.

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  13. Cancellations, postponements and refunds
    1. In the event that a Student wishes to cancel or postpone a Session with You, he must notify You no less than 48 hours prior to the allotted appointment time. If less than 48 hours’ notice is given, the Student will be charged the full amount for the Session.
    2. In the event that You wish to cancel or postpone a Session, You must notify the Student no less than 48 hours prior to the allotted appointment time. If less than 48 hours’ notice is given, You will be required to provide the postponed Tutor Session for free as soon as practicable, at the student’s convenience.
    3. In the event that a Student believes that the Tutor Services are not suitable, he may not cancel any Sessions and/or transfer any Sessions to another Tutor. In very rare circumstances, in the sole and absolute discretion of AGF Tutoring, a Student may be permitted to transfer any unused Sessions to another Tutor. In this case the tutor will not be paid for unused sessions.
    4. In the event that a scheduled Session cannot take place due to a failure in the Website or some other matter for which the responsibility is of AGF Tutoring, the Tutor and the Student may agree to postpone the Session and undertake the relevant Session at a mutually convenient time.
    5. Refunds are not available for any Sessions purchased by a Student (however see 12.5).

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  14. AGF Tutoring employs a commission scheme, as outlined below.

    Payment & Commission rate calculations

    1. AGF Tutoring collects payment online from the Student in respect of each session purchased by a Student. On receipt of payment, we will notify You that the Student has paid for X sessions with you, or has purchased a certain package or such like.
    2. Unless we are notified otherwise by the Student within 48 hours of the scheduled date and the time of a Session, You will be credited as having taught the session.
    3. AGF Tutoring will pay to Your nominated bank account an amount in respect of Your fees, minus the commission of 25%, earned by You on receipt of the relevant invoice for the relevant number or block of pre-booked sessions or certain package. You the Tutor will be required to submit invoices to AGF Tutoring, not more regularly than on a monthly basis.
    4. AGF Tutoring employs a flat commission scheme. AGF Tutoring deducts 25% from the collected fees.
    5. All Your banking fees are absorbed by You. AGF Tutoring constantly endeavours to minimise concomitant bank charges and therefore encourages you to accumulate as many sessions before submitting an invoice. AGF Tutoring utilizes Transferwise to minimise bank transfer charges. Should You require an alternative faster, more urgent transfer then You will bear the concomitant fees. AGF Tutoring elects SHA (shared) when transferring payments to Your nominated bank account.
    6. AGF Tutoring shall be permitted to amend the rate of Commission from time to time by giving You no less than one month’s notice.

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  15. Reviews
    1. A Student can review You when he/she has undertaken a Session with You. Reviews are published in the sole and absolute discretion of AGF Tutoring. AGF Tutoring may summarise, abbreviate and/or rephrase any review submitted by a Student. AGF Tutoring may decline to publish a review where AGF Tutoring considers in its sole and absolute discretion that the review is unfair, inaccurate or otherwise where there is a dispute with You.
    2. By performing Tutor Services You permit to AGF Tutoring to publish any review submitted by a Student about You in full or abbreviated form on the Website or any other medium including without limitation its social networking profiles.
    3. You can review a Student when he/she has undertaken a Session with You. Reviews are published in the sole and absolute discretion of AGF Tutoring. AGF Tutoring may summarise, abbreviate and/or rephrase any review submitted by a Tutor. AGF Tutoring may decline to publish a review where AGF Tutoring considers in its sole and absolute discretion that the review is unfair, inaccurate or otherwise where there is a dispute with the Student.

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  16. Intellectual property
    1. AGF Tutoring and/or its licensor(s) are the sole owners of the Website.
    2. AGF Tutoring brand and the Website are protected by UK and International copyright and other intellectual property laws. We permit You to use the Materials for non-commercial use only and we grant You a limited license solely for that purpose. Without limitation, this means that You may not sell, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website or as part of the Services for any commercial purpose or for any other reason without AGF Tutoring’s prior express written consent.
    3. Materials provided by a Tutor and any concepts, models or other tutoring tools shall belong to the Tutor. The Tutor grants the Student a limited revocable licence to use such material solely for the purposes of participating in the Tutor sessions. Without limitation the Student may not distribute, copy, sell or otherwise use any such material without the prior written consent of the Tutor.
    4. You are not permitted to record any tutor session under any circumstances. Any recording of any Tutor session shall belong to AGF Tutoring and shall not be reproduced for any reason without the prior written consent of AGF Tutoring.
    5. Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. AGF Tutoring reserves the right to terminate the limited license without notice at any time following an unauthorized use by You of the Website.
    6. AGF Tutoring and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of AGF Tutoring. They may not be used without AGF Tutoring’s prior express written permission.
    7. All other trademarks not owned by AGF Tutoring that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by AGF Tutoring.

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  17. Electronic communications
    1. You consent to receiving electronic communications and notices from AGF Tutoring. You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.

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  18. Privacy
    1. You provide us with information when You register on the Website and/or use the Services. We may store such information and use it to improve the Services we provide through the Website. Any information that You submit or that we collect when You are using the Website is subject to AGF Tutoring Privacy Policy, the terms of which are hereby incorporated into these Terms of Service.
    2. AGF Tutoring continually tries to keep all information secure from unauthorised access by using SSL encryption on sensitive data. However, transmission over the Internet cannot be guaranteed to be 100% secure, so any information You submit is done so at Your own risk.
    3. Whilst we have implemented commercially reasonable technical and organisational measures to secure Your personal information from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information at Your own risk.

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  19. No warranty and liability limit
    1. AGF Tutoring provides the Website “as is” and without any warranty or condition, whether express, implied or statutory. AGF Tutoring specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under the Sale of Goods Act 1979 (as amended).
    2. AGF Tutoring assumes no liability or responsibility for any errors or omissions in the Website; any losses or damages arising from the use of the Website and/or the Services; or any harm to Your reputation or losses resulting from any disclosure of information about You by us as permitted in these Terms of Service. We reserve the right to deliver the Website and the Services in our sole and absolute discretion.
    3. AGF Tutoring is not responsible for the attendance of Students at Tutor Sessions.
    4. In no event shall AGF Tutoring, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to You for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, the Services or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage.
    5. AGF Tutoring does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of AGF Tutoring. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
    6. From time to time You may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, You agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
    7. AGF Tutoring specifically excludes liability for any loss, harm, distress or damage suffered by You or any third party as a result of inaccurate information appearing on the Website.

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  20. Interruptions and suspension of the website
    1. AGF Tutoring does not guarantee the uninterrupted operation and availability of the Website. From time to time, the Website may be unavailable for any number of reasons including without limitation:
      1. the performance of scheduled maintenance including on servers and data lines;
      2. the performance of emergency unscheduled maintenance and/or repairs including on servers and data lines;
      3. a failure by or error in respect of any service provider including without limitation any server or data line;
      4. an attack on the security or system integrity of the Website including any denial of service attack; and
      5. the introduction or presence of any virus or malicious code in the pages that make up or are accessible from the Website.
    2. For the avoidance of doubt, without prejudice to the provisions of paragraph 12, AGF Tutoring shall not be liable for and specifically disclaims any liability in respect of any claims, costs, losses or damages suffered as a result of any suspension or interruption to the Website howsoever caused.

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  21. Indemnity
    1. You agree to indemnify and hold AGF Tutoring and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of Your breach of these Terms of Service and/or Your violation of any law or the rights of any third party.

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  22. Disputes
    1. You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), the Website, AGF Tutoring’s advertising or any related transaction between You and AGF Tutoring shall be governed by and construed in accordance with English law.
    2. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

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  23. Termination
    1. AGF Tutoring may change or discontinue the availability of the Website or any part thereof at any time without prior notice. AGF Tutoring reserves the right to terminate these Terms of Service for any reason, without notice. In addition, these Terms of Service shall automatically terminate in the event that You violate any of the Terms of Service set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Website.

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  24. General
    1. You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), or the Website or the Services shall be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
    2. These Terms of Service are agreed between You and us. No person shall have any rights under or connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.
    3. If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
    4. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
    5. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.
    6. These Terms of Service set forth the entire understanding and agreement between You and AGF Tutoring with respect to the subject matter hereof.

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  25. Annex 1. Tutor code of conduct
    At AGF Tutoring we offer a top-end, serious, professional one-on-one online tutoring service. With this in mind, we believe that there should be a strictly observed code of conduct that should be adhered to at all times by all tutors. Please note that all tutorials and/or consulting sessions are recorded directly to our servers either for future reference or for recall by a tutee and/or end-user. Therefore, we want to set and maintain very high standards befitting of the service that we are providing.

    1. Dress code. All sessions/tutorials are recorded directly to our servers. Therefore, please make sure that You are appropriately dressed – we would recommend smart casual at all times. Remember that the camera never lies and there may often be instances when You may have to stand up, for instance. Also, please note that certain materials and designs are very annoying and distracting for the end-user and therefore should be avoided. For example, very detailed symmetrical designs, such as checked shirts, do not appear well online. Generally, it is better to opt for plain, block colors. Make sure that You always look elegant and presentable – first impressions are extremely important.
    2. Lighting. It may seem to be an obvious observation though it is often overlooked. Your lighting may appear to be just fine to You but to the end-user the images are hardly discernible. Make very sure that You have tested Your chosen space for its quality and consistency of light. And please check Your appearance in the camera preview which You can test well before any online tutorial through Your AGF Tutoring account.
    3. Sound. Again, it may seem to You that your voice, and generally the sound that You are delivering, is just fine though to the end-user it is not. Additionally, there may be external noises that are not audible or distracting to You, but they are to the end-user. Therefore, we insist that You wear a pluggable headphones/microphone set that will optimize the experience for the end-user and minimize any external noises.
    4. Language. All tutorials will be conducted in English – unless of course you are tutoring a foreign language. You will refrain from using expletives, profane, blasphemous, provocative or abusive language; and You will not engage in dialogues that digress from the substance of the tutorial and that gravitate to discussions revolving around politics, religion, sex, sport or such like.
    5. Promptness. You will always ensure that You are well-prepared and ready for Your tutorials. That means being in front of your computer at least 10 minutes before the session to double check all Your settings and proposed materials are in order. If a session is scheduled for 60 minutes, then the minimum it could last is 50 minutes and the maximum is 60 minutes. We would suggest that after about 45 minutes that You begin to intimate that the session is nearing its end and that if the end-user wishes to ask any questions then he or she should do so. Remember that the platform is automatically programmed to end the session; for example, after 60 minutes, if that is the pre-arranged time, then the platform will automatically boot down.
    6. Copyright. You cannot send or transfer copyrighted material via the whiteboard embedded in the platform. You can send Your own notes and/or questions. If You require that the end-user refer to a specific textbook, then You can direct him or her to that textbook or an electronic version of that textbook online. But under no circumstances must You transmit copyrighted material via the platform or the website.
    7. Ratings. We have incorporated a ratings system (on a scale of one to five, one being the lowest rating and five the highest) within the website that encourages end-users/tutees to rate You the tutor at any time. Likewise, You the tutor can rate the respective student. This is considered a healthy system for both tutor and tutee. There may, however, be occasions of conflict in which either tutor or tutee for one reason or another downgrade one another out of malice or some other unfounded reason. Such incidents will be reported immediately and dealt with by administration with reference to recordings of the sessions.
    8. Equipment – hardware. Obviously You will be expected to have Your own computer. Please make sure that it is fully functional and that its camera and sound are of the highest quality. This is very important. If You are going to be tutoring a subject that requires that You write (for example, mathematics, physics, chemistry etc.) then make sure that You have a dual mode document camera that will livestream whatever You write directly to the platform (a highly recommended product may be IPEVO VZ-1 HD VGA/USB Dual-Mode Document Camera (CDVU-05IP)) or a digitizer tablet such as a WACOM Bamboo or iPad Pro with stylus.
    9. Internet connection. It is Your responsibility, as a tutor, to verify that your internet connection is fast and reliable enough to allow the AGF Tutoring platform to function smoothly. If you are not sure about how to test your internet connection speed, then either visit http://www.speedtest.net/ or contact our IT team at ITsupport@agftutoring.com. More specifically, to ensure good user experience, You should have at least 5 Mbps download speed and at least 1 Mbps upload speed. Anything less is not satisfactory and may compromise the quality of a session. Additionally, please make sure that You are not using a shared public network – at a hotel, for example – as the speeds could be highly erratic. If it transpires that Your connection is to blame for a dysfunctional session, then You will be obliged to make up for the said session.

Network members