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PARTIES:
Kensington Tutors Ltd. (also referred to as ‘Kensington Tutors’ ‘KT’  ‘we’ or ‘us’)
and
You (also referred to as ‘Client’ ‘you’, ‘your’) as named in the webform.

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Updated : September 2021

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STANDARD TERMS AND CONDITIONS OF BUSINESS

These Terms of Business (“Terms”) are between Kensington Tutors Ltd (“we” or “us”), of (registered office) 21 Silver Street, Ottery St. Mary, Devon, England, EX11 1DB, on the one part and the Client identified on the Booking Form (“Client” or “you”) on the other part. All the work undertaken by Kensington Tutors shall be on these terms to the exclusion of any others unless specifically varied in writing and signed for and on behalf of you -the Client - and by a Director for and on behalf of Kensington Tutors. By signing the Booking Form and engaging Kensington Tutors these conditions shall be deemed to have been accepted by the Client.

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IT IS AGREED as follows:

1/ OUR SERVICES

1.1  We will provide the services as more fully described on the Booking Form in relation to Consulting in consideration of the Fee.

1.2  Should you request, and we agree to provide services additional to those in 1.1 above, the fees for the same shall be mutually agreed between us.

2/ TERM

These terms shall commence on the date of the Booking Form and shall continue until the end of the Consultation, subject to any prior termination under clause 7.

3/ YOUR OBLIGATIONS

3.1 In addition to your obligations set out elsewhere in this Contract you shall:

(a)  promptly furnish us with such information and documents as we may reasonably request for the proper performance of our obligations and be responsible for ensuring that such information is true, accurate, complete and not misleading in any material respect;

4/ FEES AND EXPENSES

1. You shall pay us the Fee as set out below. The Fee may only be varied (for example, the Consultation length differs from that shown on the Booking Form) by written agreement between us.

2. We shall render invoices to you in respect of the Fee.

3. All Fees shall subject as aforesaid be paid on the date/s set out in the Booking Form (“the due date”).

4. If any sum payable under these terms is not paid within 7 days after the due date then (without prejudice to our other rights and remedies) we reserve the right to charge interest on such sum on a day to day basis (as well after as before any judgment) from the date or last date for payment thereof to the date of actual payment (both dates inclusive) at the rate of 4 per cent above the base rate of Barclays Bank plc (or such other London Clearing Bank as we may nominate) from time to time in force compounded quarterly. Such interest shall be paid by you on demand by us.

5. General fees for consultation are charged at the following rates

   1. Day Rate (8 Hours)              £1000.00

   2. Half Day (4 Hours)               £550.00

   3. Hourly                                  £150.00

UCAS Fees are charged

1. UCAS application package, 4 hours,     £500

2. Hourly Consultations,                             £150

School Search standard fee              £1600​

After the initial consultation, a 50% deposit is required to continue with the process. 

5/ KENSINGTON TUTORS OBLIGATION

We will ensure that the services we provide are carried out with due care and skill and to a reasonable standard of quality.

6/ CANCELLATION, POSTPONEMENT AND CHANGES

6.1 If you cancel the Consultation you should notify us as soon as possible. upon cancellation you may not be entitled to a refund of any sums already incurred in respect of enquiries made on your behalf. If you wish to postpone the Consultation, we will use our best endeavours to reschedule the Consultation.

6.2    Changes to the Services and/or the Fees and Expenses may only be made if agreed in writing by both parties.

7/ TERMINATION

1. These terms may also be terminated forthwith by either party giving the other party notice if they are in material breach of the terms and have failed to rectify such breach (in the case of a breach capable of being remedied) within 7 days of receiving a written notice requiring the party in breach to do so.

2. Any termination under sub-clause 7.1 shall discharge us from any liability for further performance of these terms and shall entitle us to be paid a reasonable sum for any work carried out or expenses incurred by us prior to such termination.

3. Any termination of these terms (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

8/ LIABILITY

1. Notwithstanding anything else contained in these terms we shall not be liable to you for any results that are not as you wish or expect following a consultation, or for any special indirect or consequential loss whether arising from negligence breach of contract or howsoever.

2. Liability is limited to the commission fee.

9/ DATA PROTECTION

1. When signing the Contract, Kensington Tutors will retain the Client details on a database for the purposes of dealing with the Consultation only. By signing this Contract, the Client consents to the details being retained on Kensington Tutors’ database for this purpose.

2. Kensington Tutors will deal with the Client details in accordance with the UK GDPR and the Data Protection Act 2018 or any successor legislation.

3. Kensington Tutors will ensure that the Client data is accessed only by Kensington Tutors employees who need access to the Client data to assist in fulfilling the Consultation requirements.

10/ Entire Agreement
10.1 Each party acknowledges that these terms constitute the entire agreement and understanding between the parties with respect to the subject matter of these terms and supersedes all prior discussions, understandings and agreement between the parties and their agents except for such variations as shall be agreed in writing by us and you.

Each party also agrees that in entering into these terms, it is not relying on any statements, warranties or representations given or made (whether negligently or innocently and whether express or implied), or any acts or omissions by or on the part of any other party in relation to the subject matter of these terms (except those expressly set out in these terms) and it undertakes not to enforce or pursue any rights or remedies with respect to such subject matter otherwise than under these terms and hereby waives and releases the other party in respect thereof absolutely.

10.2 Notices
Any notice or demand to be given under these terms by either party to the other shall be in writing and shall be deemed to have been properly served if left at or sent by first class pre-paid post to or email to the party's current email address as mentioned in these terms or last known to the party sending the notice or demand and if so posted shall be deemed to have been received on the day following the date of posting and if sent by email shall be deemed to have been received one hour after the time of transmission or, if transmitted out of normal business hours, one hour after the subsequent opening of business.

10.3 Disputes
The parties agree that any disputes arising under or in any way connected with the subject matter of these terms (whether of a contractual or tortuous nature or otherwise) shall be subject to English law and to the exclusive jurisdiction of the English courts.

10.4 Interpretation
In these terms the following words and phrases shall have the following meanings unless the context otherwise requires:

“the Booking Form” - The signed agreement confirming the Contract, the Price and acceptance of Kensington Tutors’ Terms and Conditions of Business.

“the Client” - The individual, business or body corporate for whom the Proposal is prepared and the Services are provided. Also referred to as “you”.

“the Conditions” - The provisions set out below which shall be incorporated into the Contract.

“the Contract” - The agreement between Kensington Tutors and the Client to perform the Services as set out in the Proposal and signed by both Kensington Tutors and Client on the Booking Form

“the Fee” - The amount of money charged to the Client by Kensington Tutors for organizing, managing and delivering the Consultation. Also described as the Price.

“the Price” - The fee due to Kensington Tutors from the Client in payment for the Services.

“the Service” - The Consultation work to be undertaken by Kensington Tutors.

“Terms” means these terms of business.