Terms and Conditions
Terms and Conditions
(1)How a tutorial/home-schooling support/other educational event is usually agreed on and booked with us: You should get in contact with Andrew Small (tutorcafes.com) by sending an email or a text and leaving your telephone number, or by simply calling us. (Subsequently,) One of our friendly staff will have a free conversation on the phone to obtain some relevant information, that is essential for providing our services at their highest efficacy (Please also refer to our Privacy Policy). This service does not incur any costs on the customer’s side. If an agreement to obtain further information and/or to possibly sign a contract with us is reached, either our lead teachers or the assigned teacher/tutor will meet you at a premise of mutual agreement or online and take some more detailed information on the client’s academic and pastoral needs, based upon which we will do our best to find a world class tutor/teacher/educator. On this occasion, if agreement between the two parties is found, the parties will also sign a contract that specifies the educational program. Further specific arrangements in regards to specific schedule considerations and other details will be made between either Andrew Small (tutorcafes.com), if the mentioned registered teachers are educating the client directly, or between our subcontracted tutor/teacher/educator. Those and other agreements, which refer to our Term & Conditions, are condensed in a contract, which is legally binding as long as the contract between the two parties remains in place. Both parties can cancel the contract at any time.
(2)Enrolment fee: The above mentioned meeting between the lead educator and the client/parent/educator entails an enrolment fee that is payable immediately after the visit/online meeting with the lead educator or nominated teacher/tutor. The fee is AU$ 40.00 and can be paid in cash or per direct banking deposit. The visit of the lead educator does not incur any further cost on the client’s/parent’s/guardian’s side. This fee has only to be paid, if a contract of education is signed.
(3)Pricing: The usual fee for an hour (60 minutes) of professional education costs the client AU$ 75.00. Special conditions and (small) group tariffs may apply. Please refer to our price list, which can be obtained on request at any time, and which will be in any case presented by the lead teacher’s during the visit to the venue agreed to by both parties or via email.
(4)Place of conduct: We and/or our client/parent/guardian can visit the client’s premises. If the travelling exceeds 10 kilometres from the tutors residence, a fee of AU$ 0.95 per excess kilometre can be charged. On request of the client/parent/guardian there is also the possibility to request a facilitation of tutorials online or at other public premises, such as our Tutor Cafes, Restaurants or public libraries. Public arrangement may be beneficial in circumstances where parents are unable to supervise their children at their residence. In public places, the provision of duty of care of minors remains nevertheless with the parents/guardians at all times.
(5)The signature under a contract with Andrew Small (Tutor Cafes): Signing a contract with Andrew Small is a legally binding agreement between either Andrew Small as a sole trader and the client/parent/guardian.
(6)Cancellation of a contract: Without the need to follow a prescribed form, a contract can be cancelled in writing by one of the two parties at any time. It must however make appropriate references to the contract that is to be cancelled and the people named in the contract.
(7)Aim of tutorials, home-schooling help, and other educational events: The aim is to maintain/improve the academic performance of the client in relation to the National Curriculum (Prep to Year 10) and/or the State Curriculum (Years 11 and 12) in subject areas chosen by the client/parent/legal guardian. Educational events can also refer to private interests of learning determined by the client/parent/guardian and possibly offered by Andrew Small (Tutor Cafes).
(8) Preclusion of a guarantee of success in reference to paragraph (7): Although Andrew Small (tutorcafes.com) strongly aim to maintain/improve the academic performance of the client in relation to the National Curriculum (Prep to Year 10) and/or the State Curriculum (Years 11 and 12) in subject areas chosen by the client/parent/legal guardian, success cannot be guaranteed. This is neither the case if an educational program is conducted by Andrew Small, nor when it is conducted by our subcontracted tutors/teachers/educators.
(9)Duration of tutorial and other educational lesson: Tutorials and educational events can be booked in different durations. Please refer to a separate list of prices, which can be requested by contacting one of our offices. The usual duration of a lesson is 60 minutes. The time of travel which is required by a tutor/teacher/educator to reach the agreed upon premises where an educational event takes place does not diminish the time of duration.
(10)Cancellation of single lessons that are pre-booked: The fees for a pre-booked lesson that is cancelled by a client/parent/guardian (whereby a minor aged client can never cancel any lesson without the proven consent of a parent or guardian) cannot be refunded. The tutor/teacher/educator is also not obliged to schedule the missed lesson at an alternative time. The tutor/teacher/educator can, but does not have to, offer an alternative time to hold the missed lesson(s).
(11)Condition of termination of contract: Either party can terminate an existing contract at any time in writing. The termination takes effect at the end of the month for which the customer has paid the tuition fees in advance. Tuition fees that are already paid for a month in advance cannot be refunded unless the tutor/teacher/educator is not fulfilling the obligation to hold the lessons agreed to in the contract between the client/parent/guardian and Andrew Small (tutorcafes.com). A refund for the fees within the month already paid is impossible, if a client/guardian/parent cancels fixed bookings for tutorial lessons.
(12)Additional lessons: Additional lessons can be requested and/or booked at any time. The payment for those extra lessons has to be conducted prior to the start of the additional lesson(s) by cash payment or direct deposit to Andrew Small (tutorcafes.com).
(13)Tuition fees and tax invoicing: The tuition fees have to be paid for one month in advance by cash payment or direct deposit. The preferred method of payment is by a direct bank transfer. Tuition and any other educational programs can only start once the tax invoice charged fee arrives in the bank account or at hand of Andrew Small (tutorcafes.com).
The amount that is due will be stated on a tax invoice that reaches the client in the middle of the previous month the bill refers to, unless the educational program has been agreed on after the middle of the month. In the latter case the bill has to be settled and reach the bank account or at hand of Andrew Small before the education program starts, and ASAP (please refer to the tax invoices date of latest settlement). Our tax invoices are usually sent by email. If it is wished to be sent by conventional post, an additional fee of AU$ 5.00 per monthly invoice may apply.
(14)Financial transactions between the parties: Financial transactions of any kind in reference to any educational programs that can potentially be offered by Andrew Small’s organisation (tutorcafes.com) can strictly not occur between the contracted client/parent/guardian and the subcontracted tutor(s)/teacher(s)/educator(s) that is (are) subcontracted by Andrew Small, who delivers an educational program to the brokered client/parent/guardian. Contract penalties and legal prosecution may apply and be instigated.
(15)Parents and/or legal guardian’s presence at premises of tuition: If a tutor/teacher/educator visits the client’s premises a parent/legal guardian must be present all the time. During the visit the duty of care for a minor remains with the parent/legal guardian. If the guardian is not present, the tutor/teacher/educator will not take on any duty of care, instead, Miguel Bader (Teachers as Tutors) and Andrew Small (Tutor Cafes) explicitly prohibit the subcontractor entering the client’s premises without a parent/legal guardian being present. If a subcontracted tutor/teacher/educator acts against this prohibition, Miguel Bader (Teachers as Tutors)/Andrew Small (Tutor Cafes) take no responsibility for this breach and its potential consequences.
(16)Subcontracted tutors/teachers/educators: We work with self-employed specialist educators that should best fit the academic needs of our clients. As self-employed, sole trader subcontractors of ours, these subcontracted specialists are reasonably checked in terms of the legal jurisdictions/systems ability to provide such information regarding their suitability to work with vulnerable people, and in regard to their suitability in terms of expertise to work effectively with our clients. After a reasonably conducted check on our subcontractors legal credentials, that establishes that they are able to work with vulnerable people has occurred, we are not legally obliged to hold further responsibility for their conduct within reference to clients/parents/guardians that were brokered to them. We strongly recommend that our clients/parents/guardians check again on our subcontracted tutors/teachers/educators credentials whenever and if ever our clients/parents/guardians see the necessity to do so.
(17)Handling of complaints in reference to our (subcontracted) tutors/teachers/educators: We carry no legal responsibility for the conduct of subcontractors towards clients/parents/guardians who were brokered to our subcontracted tutors/teachers/educators, after they have been reasonably checked on their legal credentials that refer to their ability to work with vulnerable people. It is nevertheless a matter of course that the client/parent/guardian can launch any complaint to our agency that refers to the conduct of a subcontracted tutor/teacher/educator that was brokered to our client/parent/guardian. If no other ‘peaceful’ resolution is considered or wished for by the client/parent/guardian, we will withdraw the subcontracted tutor/teacher/educator from working with the client/parent/guardian that was brokered to the subcontracted tutor/teacher/educator. We actually welcome your feedback very much! Re-payments of educational events that have already taken place between the client (and with the consent of the parent or legal guardian) cannot be refunded.
(18)Refunds of fees for educational or advisory events that refer to educational events or to educational questions in general: A refund of fees for educational or advisory events that refer to educational events or to educational questions in general is impossible and strictly ruled out.
(19)Tuitions during school breaks and public holidays: Tuition lessons can take place during school holidays. If clients/parents/guardians decide against tuition and other booked educational events during school breaks and public holidays, tuition and other educational fees remain in place, unless the (subcontracted) tutor/teacher/educator cancels their professional obligations during the time of school breaks, or the client/parent/guardian cancels the existing contract referring to those tutorials and other educational events in its entirety. Doing the latter entails the risk of not being able to book the same tutor again. This might happen because the educator’s schedule could in the meantime otherwise be filled.
(20)Signature in lesson diary: With the signature under a contract with Andrew Small (tutorcafes.com), the parent/legal guardian allows a minor client to sign for every lesson in the lesson diary; this diary serves as legal proof that the lessons have taken place and have been properly conducted. The parent/legal guardian should sign the lessons diary as well. However, if this is not the case, the signature of the minor aged client counts, insofar as the parent/guardian signed the agreement to that end.
(21)Prohibition against directly employing a subcontracted tutor/teacher/educator of Andrew Small (tutorcafes.com): It is strictly prohibited for a client/parent/guardian to subvert their contract by directly engaging / enticing a tutor/teacher/educator that is subcontracted by the organisation of Andrew Small. Doing so will be regarded as ‘labour piracy’ and may incur legal contractual penalties, the instigation of legal procedures, and prosecution.
(22)Unpaid fees: Fees that are not paid within the timeframe stated on the invoice will lead to the automatic cancellation of meeting/visits and hence educational program delivered by the (subcontracted) tutor/teacher/educator. Fees must be paid in the timeframe stated on the tax invoice that is delivered by Andrew Small (tutorcafes.com).
(23) Working for our organisation and working with vulnerable people: Andrew Small (tutorcafes.com) are registered teachers, and Andrew Small is a NESA accredited teacher, which ensures that they are screened as to holding the permission to work with vulnerable people, as defined in the “Registration To Work With Vulnerable People Act” of 2013, last modified at the 1st of February 2021. Under the term of “vulnerable people” fall, among other by law as vulnerable considered and defined groups, students that are minors. Andrew Small (tutorcafes.com) takes all reasonable steps to ensure that everyone who works for us (which includes our subcontracted tutors/teachers/educators) have this important registration. Beyond all our reasonable actions to ensure that our subcontracted tutors/teachers/educators hold this important registration, which is issued by the Tasmanian Department of Justice or relevant authority in their State or Country, we additionally encourage all our clients/parents/guardians to check on our subcontractors in this respect as well, and regularly, as we do as these registrations must be current and renewed each year (some have longer renewal periods).
(24) Working for our organisation and working with registered teachers and those currently studying to gain their qualification at university. Andrew Small (Tutor Cafes) is a registered/accredited teacher, and we put effort into subcontracting more registered teachers for the work with our clients/parents/guardians. However, we cannot guarantee that our subcontracted educators will always hold a teachers registration. The reason for this might be that they may be retired former teachers, that they are instead lecturers or students at a university, or that they hold or formerly worked in professions in which the client/parent/guardian requested delivery of knowledge plays a central role. An example of this might be a person who has worked in applied Maths and Physics in engineering. We encourage clients/parents/guardians to always ensure, as we emphatically attempt to do as well, that the qualifications of our tutors/teachers/educators match the needs of the client.
(25) Website security: Neither (teachertutors.com.au) nor (tutorcafes.com) obtain any information of our (potential) customers directly over our website. This means we are not using any contact forms on our website. Contact with Miguel Bader (Teachers as Tutors) and/or Andrew Small (Tutor Cafes) can be established by emailing, phoning or meeting us in person (please also refer to our Privacy Policy).
(26) Plagiarism: Taking content or designs from or website is illegal, since it falls under plagiarism, and will be prosecuted under all circumstances. The content and the design of this webpage has been developed and designed by Miguel Bader and/or Andrew Small and is hence the intellectual property of the afore mentioned persons.
(27) Disclaimer: Although Miguel Bader and Andrew Small put great effort into providing you with up to date and accurate information of our services and educational and legal facts on our website, we are not liable for the accuracy of this information.