Terms of Service Engagement

This document outlines the Terms of Engagement between:

A Team Tuition Pty Ltd ACN 715 830 095 as trustee for Limitless Enterprises Trust ABN 41 715 830 095 (we, us, our)

and

Clientele of A Team Tuition (you, your)

  1. Definitions
    Unless the context determines otherwise, in this Agreement:

    1. Academic Personal Trainer means the academic personal trainer assigned by us from time to time to you for the purpose of providing the Services;
    2. Agreement means this Terms of Service Engagement document;
    3. Agreement Date means the date we accept your engagement of us for the Services;
    4. Credit means the number of hours for Tutoring Sessions granted to you according to your Plan;
    5. Plan means the recommended and agreed tutoring plan term (whereunder we provide the Services) offered by us from time to time and chosen by you;
    6. Price means the total price payable for your selected Plan;
    7. Services means the following services to be provided to you based on your Plan:
      • Academic Personal Training;
      • General Tutoring;
      • Mentoring;
      • The Creating A Students Program® - Strategic Academic Mapping and Planning;
      • Assignment and Project Assistance and Help;
      • Assessment Preparation and Advisory; and
      • Miscellaneous Tutoring;
    8. Student means a student who undergoes Tutoring Sessions and receives the benefit of the Services pursuant to this Agreement
    9. Family means students within the same family and thus the same agreement;
    10. Term means each ten (10) week period generally based on the average school term;
    11. Tutoring Session means a session with the student and the Academic Personal Trainer to provide the Services;
    12. We, Us or Our means A Team Tuition Pty Ltd ACN 715 830 095 as trustee for Limitless Enterprises Trust ABN 41 715 830
  2. Terms of service engagement 
    1. This Agreement is constituted by these terms and any amendments thereto and any other later documents that we advise to you becomes part of or varies this Agreement. These terms confirm our understanding of the nature and the limitations of the Services we will
    2. This Agreement will commence on the Agreement Date and automatically terminate on expiration of the Plan or otherwise in accordance with the terms of this
  3. Purpose of the service engagement
    1. We agree to conduct the Services in accordance with the Plan for the following individuals and/or entities:
      • Students/families;
      • parents or guardians; and/or
      • schools or
    2. We agree to be available at all reasonable times by way of telephone or email to answer any queries or concerns you may have regarding the Services (subject to the terms of this Agreement).
  4. A Team Tuition
    1. We are an official member of the Australian Tutoring Association (ATA) with membership number 20
    2. We understand our ethical responsibilities as a tutoring agency and are obliged to comply with and observe the code of conduct determined by the ATA. This code of conduct can be found on ATA’s website located at ata.edu.au.
  5. Scope of services generally
    1. We will provide the Services to you according to your Plan
    2. Our Services and the Plans are designed and intended to run through our Academic Personal Trainers consistently between week one (1) and week ten (10) of each school term throughout the teaching
    3. For our Services to be effective, it is essential that Tuition Sessions are conducted and occur consistently based on the Plan:
      • the recommended Plan and structure, frequency and/or duration of the Tuition Sessions may, subject to this Agreement, be reviewed, varied and/or amended before the commencement of a new plan;
      • any variation and/or amendment will be based on the advice of your assigned Academic Personal Trainer;
      • non-compliance with, and/or deviation from your Plan, session frequency and/or duration of the Tuition Sessions may hinder our ability to help you establish the best platform to achieve your desired results;
      • we may terminate this Agreement should you fail to comply with the terms of this Agreement, fail to comply with our reasonable directions and/or fail to adopt or implement our reasonable recommendations.
        Tuition Sessions
    4. We aim to be as flexible as possible in the provision of Services to you. Tuition Sessions provided by us may be conducted at any time mutually agreed upon between you and our Academic Personal Trainers.
    5. You will receive a booking confirmation of your Tuition Sessions approximately twenty-four (24) hours before the time of your Tuition Session. Your Academic Personal Trainer may also contact you direct via text, phone call or email prior to any Tuition
    6. Your Tuition Session is not confirmed if you do not receive a booking confirmation from us or receive any confirming communication from your Academic Personal Trainer. Please call your Academic Personal Trainer or our client services to check the status of any non-confirmed booking of a Tuition
    7. You must advise us of any change in contact detail (address, email and/or telephone) as soon as possible. We will not be responsible in any respect in the event you have not advised us of any
    8. You and the student will abide by our policies and procedures for the provision of the Services as may be reasonably required from time to
      Location
    9. Unless otherwise agreed, our Academic Personal Trainers come to your location to conduct all Tuition
    10. You agree that a parent or guardian (over the age of eighteen (18) years) will be home with the student throughout all Tuition
    11. A parent or both parents will, where possible, be integrated into the initial (first) Tuition Session to allow for the successful creation of the A Team Tuition support
    12. You, as a parent, agree to oversee the students' progress by ensuring all homework questions/tasks are completed each week, at the Academic Personal Trainer’s request, prior to the next Tuition Session.
    13. Tuition Sessions will not be conducted in a student's bedroom of their own home as an obligation under the ATA Code of Conduct. It is the parent/guardian’s responsibility to ensure that the tutoring takes place when there is a responsible adult present and in an open and accessible part of the home
      Academic Personal Trainer
    14. From time to time, circumstances may arise which prevent your Academic Personal Trainer from continuing to work with you. If this occurs, we will provide you with another Academic Personal Trainer of equivalent skill.
    15. Should your Academic Personal Trainer change, we use best endeavours to ensure the Academic Personal Trainers meet and discuss the transfer to ensure no progress is
    16. In the event we are unable to immediately provide you with a replacement Academic Personal Trainer, due to low availability or location, we will arrange for an online tutor until one is available. If this is unacceptable to you, you may elect to suspend the Services until another regular in-person Academic Personal Trainer is
    17. If at any time you or the student is not satisfied with your Academic Personal Trainer you must call your allocated Success Manager to discuss. We undertake to address any concerns you have and, if necessary, will allocate another Academic Personal Trainer to work with you and the
    18. If you wish to rebook your Academic Personal Trainer for a Term, you must solidify your spot with them at the end of each school term. Where this is not done, you may risk losing your preferred time with your Academic Personal Trainer and the first session of the new Term which is an essential component of our program.
    19. If you contact your Academic Personal Trainer outside of a Tutoring Session and the time spent by the Academic Personal Trainer giving you or the student advice exceeds fifteen (15) minutes, then we may charge you for the Academic Personal Trainer’s
      Cancellation
    20. Unless otherwise agreed by us, a Tuition Session may only be cancelled or rescheduled more than twenty-four (24) hours’ notice in writing to us. If a session is cancelled within 24 hours’ notice, the tutor can elect to charge for 1
    21. Any cancellation before the twenty-four (24) hour policy of a Tuition Session will not affect the Price nor any payment due to
    22. If you must cancel a Tuition Session, it is essential that the Tuition Session is either rebooked in the same week or a make-up session is completed in the following week. Our Plan is built on the foundation of consistency and each Tuition Session missed will lower the chances of achieving your end goal. The purpose of our repayment plans and upfront payments are to ensure consistency of sessions and ultimately your success on board our program
      Queries and concerns
    23. All queries, issues or concerns regarding the provision of the Services should be referred to your Academic Personal Trainer in the first instance. If your Academic Personal Trainer is unable to assist or it is not appropriate to discuss with your Academic Personal Trainer, client services are available by telephone between 9am and 5pm Monday to Friday on (07) 3154 6180 or (07) 5526 0351. If for some reason, we are unable to make the call, we will make every effort to return your call within twenty- four (24)
  6. Plans and pricing Plans
    1. We have developed our Plans based on school terms, the age of the student, the number of subjects requiring tuition and our experience with our
    2. Each Plan contains a variety of different
    3. We reserve the right to vary the features of any Plans from time to time (but not during any Term).
    4. On request, we will provide our recommendation on a Plan for a student based on the information and representations made by
    5. You may change your Plan before the commencement of a new plan, provided that you pay the relevant Price for such
    6. Subject to clause 6.5, your Plan will be automatically renewed via an email from us:
      • when you have four (4) hours or less of Credit remaining; or
      • if you have used all of your Credit by the program expiry date.
    7. If you wish to change or decline the renewed Plan, you must notify us in writing within seven (7) days of receipt of the renewal email. If we do not notify us, you will be deemed to have accepted the renewed
      Price
    8. The Price:
      • will be for the relevant Plan (as chosen by you);
      • is payable in equal weekly instalments in advance unless you elect to pay the Price upfront; and
      • will be set by us from time to time (although the Price will not change during any Term).
    9. All amounts and fees stated or referred to in this Agreement:
          • are inclusive of GST;
          • will be in Australian dollars; and
          • are (subject to the terms of this Agreement) non-cancellable and non-refundable.
    10. Unless otherwise agreed, the Price must be paid by way of direct debit through our nominated merchant facility. A $0.99 charge applies for bank account direct debits and a 2.4% charge applies for any credit card
    11. The first instalment of the Price must be paid to us to secure your Academic Personal Trainer before the first
    12. Any outstanding instalment of the Price must be paid prior to each Tutoring Session. We reserve the right to cancel any Tutoring Session and suspend the Services should there be any outstanding instalment of the
    13. Any declined payment will incur a dishonour fee of $21.90 from our merchant facility. You will be notified of any declined payments via email and text. We will make a second at payment three (3) days thereafter. Declined payments can also be settled via contacting us over the phone, via email or text and providing us with authorisation to manually charge your account. Further declined payments after three (3) days may lead to the suspension or cancellation of our Services and may also forfeit your Tutoring Session with your nominated Academic Personal Trainer.
    14. You agree that in the event of any action being taken by us to recover any overdue amount due and owing under this agreement any costs incurred by us in recovering the debt (including without limitation any legal expenses on a solicitor/client basis, collection agency charges (if permissible by law) or any other reasonable associated costs) are payable by you to us and shall be recoverable by us as a separate debt. The additional charges for debt collection include a 11.9% late fee incurred by us and 25% Milton Graham Debt Collection Please note that this may also affect your credit rating.
    15. All payments of the Price are generally non-refundable, whether or not:
      • you use the Services attached to the Plan; or
      • you use any Credit you may have; or
      • this Agreement is terminated (other than by reason of our default)
      • At A Team Tuition, we value our customers and want to ensure you have the best experience with us. That’s why we have committed to provide you with the ability to obtain a refund in a limited range of circumstances.
    16. All unused Credit on all plans, either upfront or repayment plans, will expire at the end of the term purchased in accordance with the relevant official state term end date.
      Additional Services
    17. Additional services may be provided by us, at your request, at an hourly rate of $80.00 (inclusive of GST) per hour or part
    18. Any additional Services will be invoiced to you separately and will be payable by you within seven (7) days of the issue of the invoice.
    19. If you require frequent additional Services, our management team will contact you to discuss the potential of creating a more suitable arrangement for your
      Cooling off period
    20. You will have a two (2) week cooling off period, starting from the date of the first Tuition Session, within which you may choose to cancel the Plan and this Agreement by written notice to us without any additional charges being incurred by you (Cooling Off Period). You will still be liable for the Tuition Sessions during this period.
  7. Breach and termination
    1. If a party breaches this Agreement and fails to remedy such breach within ten (10) days after receipt of a written notice of the breach from the other party specifying the breach complained of and the steps to be taken to remedy the beach, the other party may terminate this Agreement by written notice to the party in
    2. You may provide us written notice of termination of this Agreement prior to the expiry of any Term. Such notice must include the date that you would like the Services to cease. Clause 7.4 will
    3. We may terminate this agreement automatically, if we cease to operate the business which provides the
    4. On termination of this Agreement (other than by reason of our default), all unpaid instalments of the Price become payable in full within seven (7) days of the date of
  8. Disclaimer and liability
    1. While we undertake to prepare all students academically to the best of our ability, we do not, and cannot, warrant or guarantee the desired grade result and do not accept responsibility or liability for a student's overall performance in an examination or on an assessment
    2. We agree to work with all students and their families in determining why a grade was, or was not, achieved and, through this, design a customised plan as to how we can potentially achieve the desired grade in the
    3. This Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at its option:
      1. in the case of goods:
        • the replacement of the goods or the supply of equivalent goods;
        • the repair of the goods;
        • the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of having the goods repaired; and
      2.  in the case of services:
        • the supply of the services again; or
        • the payment of the cost of having the services supplied
  9. Intellectual property
    1. We own all intellectual property rights pertaining to the Plans, the Services and any and all documentation, resources, material or content provided by us to you or the
    2. Nothing in this Agreement constitutes a transfer of any intellectual property rights to
  10.  Acceptance
    1. You may accept the terms of this Agreement by either:
      • signing and returning a copy of this document; or
      • making a payment in whole or in part of the Price; or
      • booking or attending a Tuition Service; or
      • contacting us and orally advising of your acceptance.
    2. You acknowledge that you:
      • understand and agree to the nature of our relationship and the Services provided by us as outlined in this Agreement;
      • understand and agree to the Price and payment terms that will apply to the Services agreed to in this Agreement;
      • consent to receiving email newsletters from us; and
      • consent to receiving email or other media from us that we believe have a benefit to your tuition service with us.
  11. General Privacy
    1. We will not disclose any information relating to you without your prior oral or written
      Governing law
    2. This Agreement is governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.
      Severance
    3. If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining
      Assignment
    4. You must not assign, sublicense or otherwise deal in any other way with any of your rights under this Agreement.
      Contact
    5. Your allocated Success Manager will be your main point of call after your first

Thank you for choosing A Team Tuition and we look forward to working with you along your academic transformation with us.