Terms & Conditions for Direct Services

Terms and conditions on which direct services will be supplied by Wentworth Education Limited to the Client or Students you notify to us. Please read these terms carefully. By signing an Order Confirmation for direct services with Wentworth Education Limited you are agreeing to these Terms and Conditions.

Terms & Conditions for Direct Services

Terms And Conditions for the Direct Supply of Tuition Services

This policy supplements all of our other policies published on our website; this policy should be read in conjunction with all of the other policy documents. You can read documentation on our policies on the policies on our website.

Terms and conditions on which tuition services will be supplied by, us, Wentworth Education Limited directly to the Client or Students you notify to us. Please read these terms carefully. By signing an Order Confirmation with Wentworth Education Limited you are agreeing to these Terms and Conditions. Please note that the terms and conditions for services when supplied by a tutor, where we act as an agent, are slightly different.

Clients will receive an Order Confirmation from us via email and/or via DocuSign; these Terms and Conditions are Wentworth Education Limited's standard terms and conditions for the supply of Tuition Services and are applicable to these Order Confirmations. Any variation or conflict between the Order Confirmation and these Terms and Conditions, then the Order Confirmation takes precedent; and these Terms and Conditions are only applicable to such an Order Confirmation and Tuition Services provided by us to the Client (and Student if applicable).

THESE TERMS
1. What these terms cover. These are the terms and conditions on which tuition services will be supplied to you or the students you notify to us.
2. Why you should read them. Please read these terms carefully. These terms tell you who we are, how we will provide tuition services to you/the students you notify us of, how you and we may change or end the contract, what to do if there is a problem and other important information.
3. Who ‘you’ refers to. We refer to ‘you’ throughout these terms, which means the person identified as the ‘Client’ on the order confirmation.

OTHER IMPORTANT TERMS
1. We make no representation or waiver regarding the services to be provided by us or our suitability or qualification to provide such services, and does not guarantee the performance or achievement of you/the students notified to us (academic or otherwise) as a result of the provision of the services.

INFORMATION ABOUT US AND HOW TO CONTACT US
1. Who we are. We are Wentworth Education Limited. Further details of us are set out in the order confirmation.
2. How to contact us. You can contact us by telephoning 020 8068 6665 (or 0044 20 8068 6665 if dialling from a non-UK telephone line) or by writing to info@ivyeducation.co.uk or 207 Regent Street, Mayfair, London, W1B 4ND, United Kingdom.
3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

OUR CONTRACT WITH YOU
1. How we will accept your order. Our acceptance of your order will take place on the earlier of both you and us signing the order confirmation or on us commencing supplying the services, at which point a contract will come into existence between you and us. For the avoidance of doubt the order confirmation does not constitute acceptance of your order if unsigned.
2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the services.

YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

OUR RIGHTS TO MAKE CHANGES
1. Minor changes to the services. We may change the services:
  1. to reflect changes in relevant laws, regulatory requirements, and curriculum; and
  2. to implement minor adjustments and improvements. These changes will not affect your use of the services.
2. More significant changes to the services and these terms. In addition, as we informed you in the description of the services on our website, we may make more material changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund (save for in respect of services already provided or costs and expense already incurred) before the changes take effect.

PROVIDING THE SERVICES
1. When we will provide the services. We will supply to you the services specified in the order on such dates and times as we may agree.
2. Dates and locations for provision of the services.
  1. Unless specified in the order or otherwise agreed by us, the dates and locations that the services are to be provided are as they may be agreed from time to time by us with you.
  2. You should ensure that a suitable and safe location is made available to use for the delivery of services by us, and that access to such location is available to us at all relevant times.
  3. If the location made available for the delivery of the services by us is your home or residence or the home or residence of the student, you are responsible for ensuring that for as long as we are at such home or residence, we are not the only adult(s) present.
  4. If we reasonably deem a location made available by you to be inappropriate (for whatever reason) for the provision of the services, you should take all reasonable steps to make such location suitable, or otherwise facilitate the provision of a suitable alternate location.
3. If you do not provide a location for us to provide services. If you have asked us to provide the services to you at your property and you or the student do not allow us access to your property as arranged or you or the student do not attend an agreed location at such time as agreed between us for the provision of the services (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange meeting with the student we may end the contract and clause 8.4 will apply.
4. We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control (including any breach these terms by you) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
5. Cancellation of meetings for the provision of services by you. If you or a student is unable to attend any agreed meeting for the provision the services because of illness or for some other reason outside of your or the student’s reasonable control, you must give (or you shall ensure that the student gives) as much prior notice as reasonably practicable to us. If notice is not given to us at least 24 hours in advance of the agreed meeting, we may charge for the services that were to be provided at that meeting in full.
6. Cancellation of meetings for the provision of services by us. If we are unable to attend any agreed meeting for the provision of the services because of illness or for some other reason outside of our reasonable control, we will give as much prior written notice as reasonably practicable to you. We will not charge you for such cancelled services.
7. What will happen if you do not provide required information to us. As we informed you in the description of the services on the website https://www.wentwortheducation.com, we will need certain information from you so that we can provide the services to you, for example, billing information, student details, and any other information reasonably requested by us. We will contact you to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 9.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8. Reasons we may suspend the services. We may have to suspend the services to:
  1. update the services to reflect changes in relevant laws and regulatory requirements;
  2. make changes to the services as requested by you or notified by us to you (see clause 6).
9. Your rights if we suspend the services. We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 14 days in any 30 day period we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract if we suspend the services, or tell you we are going to suspend them, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for services not provided to you.
10. We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 11.5) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you reasonably dispute the unpaid invoice (see clause 11.8). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 11.7).

YOUR RIGHTS TO END THE CONTRACT
1. You can always end the contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so, as described below.
2. You may exercise your right to change your mind. If you are a consumer you have a legal right to change your mind within 14 days of entering this contract, and receive a refund for services that have not already been provided. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
3. What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at 8.3.1 to 8.3.5 below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
  1. we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 6.2);
  2. we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
  3. there is a risk the services may be significantly delayed because of events outside our control;
  4. we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
  5. you have a legal right to end the contract because of something we have done wrong.
4. What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 8.3, the contract will end immediately but we may charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.
5. How to tell us you want to end the contract. To end the contract with us, please let us know by calling us on 020 8068 6665 (or 0044 20 8068 6665 if dialling from a non-UK telephone line) or email at info@ivyeducation.co.uk. Please provide your name, details of the order and, where available, your phone number and email address.
6. How we will refund you. We will refund you the price you paid for services that you have not received, by the method you used for payment. However, we may make deductions from the price, as described below.
7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

OUR RIGHTS TO END THE CONTRACT
1. We may end the contract if you break it. We may end the contract at any time by writing to you if:
  1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
  2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
  3. you do not, within a reasonable time, enable us to provide the services to you, for example by arranging or attending meetings with us;
  4. you otherwise materially breach these terms and fail to correct such a breach within five days of us asking you to do so; or
  5. insolvency proceedings or processes are commenced against you or insolvency processes are instigated by you (in relation to you), you suspend or threaten to suspend payment of your debts or are otherwise unable to pay your debts as they fall due, or begin negotiations with any persons or corporate bodies owed money by you
2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
3. We may stop providing the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 28 days in advance of our stopping the services (save for in cases of emergency when we will endeavour to provide you with as much notice as reasonably possible), and will refund any sums you have paid in advance for services which will not be provided.

IF THERE IS A PROBLEM WITH THE SERVICES
1. How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us by telephoning 020 8068 6665 (or 0044 20 8068 6665 if dialling from a non-UK telephone line) or by writing to us at info@ivyeducation.co.uk or207 Regent Street, Mayfair, London, W1B 4ND, United Kingdom.
2. Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

PRICE AND PAYMENT
1. Where to find the price for the services. The price of the services (which includes VAT) will be the price set out in the order confirmation unless we have agreed another price in writing. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see clause 11.4 for what happens if we discover an error in the price of the services you order. Any charges for services provided that are additional to those set out in the order confirmation (such as the provision of the services for periods in addition to those set out in the order, for example) we will charge for those additional services at the applicable hourly or daily rate from time to time as set out in the order confirmation with hours rounded up to the nearest quarter hour.
2. Out of pocket expenses. You will be responsible for any expenses reasonably incurred by us in the provision of the services, including for example travel expenses, hotel costs, subsistence, course books or other educational aids on condition that that we provided you with a reasonable estimate of such prior to incurring such expenses or as you may agree from time to time. You will not be charged for reasonable travel within London fare zones 1 and 2.
3. We will pass on changes in the rate of VAT. If the VAT payable in relation to the services (including a change in the VAT rate) between your order date and the date we provide the services we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
4. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service's correct price at your order date is higher than the price, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the services.
5. When you must pay and how you must pay:
  1. We will invoice you for the services in accordance with the order confirmation until the services are completed. We may invoice you in arrears or in advance of the services being provided. Where the amount of hours for which the services will be provided is not known at the time of invoice, we may reasonably estimate such hours. You must pay each invoice within 5 calendar days after the date of the invoice. Payment must be made directly to us. Payment options are shown on each invoice and are summarised on our payments portal.
6. We can charge interest if you pay late.
  1. If you do not make any payment to us by the due date (see clause 11.6) we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
7. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know by telephone on 020 8068 6665 (or 0044 20 8068 6665 if dialling from a non-UK telephone line) or email at info@ivyeducation.co.uk and we will not charge you interest until we have resolved the issue.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
2. We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

HOW WE MAY USE YOUR PERSONAL INFORMATION
1. How we will use your personal information. We will use the personal information you provide to us to:
  1. provide the services;
  2. process your payment for such services.
2. WE MAY PASS YOUR PERSONAL INFORMATION TO OUR EMPLOYEES, CONTRACTORS AND OTHER REPRESENTATIVES on the condition that such personal information will only be used by them to provide them to:
  1. assist in the administration of us providing the services;
  2. process your payment for such services; and
  3. if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us
3. We will only give your personal information to other third parties where the law either requires or allows us to do so.

OTHER IMPORTANT TERMS
1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to a third party. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
2. You may only transfer this agreement with our written consent. You may only transfer your rights or your obligations under these terms to another person with our written consent.
3. Conflict. If there is an inconsistency between the provisions of this deed and the provisions of the order acceptance, the terms of the order acceptance shall prevail
4. Rights of other people under this contract. This contract is between you and us and no other person shall have any rights to enforce any of its terms.
5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
7. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law only. You can bring legal proceedings in respect of the services in the English courts only, unless: